United States Fourth Circuit

In this immigration action involving the application of Immigration and Nationality Act section 245(i), which provides that an alien who is unlawfully present in the United States may be eligible for adjustment of status if he is the beneficiary of a labor-certification application filed on or before April 30, 2001, petitioner filed his labor-certification application more than two months after the statutory deadline. Petitioner argues that because it was his attorney who failed to file a timely application on his behalf, the deadline should be equitably tolled. Petition for review of a Board of Immigration Appeals decision rejecting petitioner's claim is denied in part and dismissed in part, where the deadline operates as a statute of repose and thus is not subject to equitable tolling.

Appellate Information

• Decided 01/12/2015
• Published 01/12/2015

Judges

• Harris

Court

• United States Fourth Circuit

Counsel