United States Sixth Circuit

Petition for review of a denial of petitioner's second motion to reopen her removal proceedings is denied where: 1) the BIA did not abuse its discretion in denying petitioner's second motion to reopen as numerically barred; 2) whether or not equitable tolling applies to numerical limitations on motions to reopen, petitioner failed to establish due diligence in pursuing a complaint against either her former or current counsel; 3) she is statutorily ineligible for cancellation of removal, adjustment of status, and voluntary departure; and 4) the BIA properly exercised its single-member review provision.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• SUHRHEINRICH, Circuit Judge., Before SUHRHEINRICH, SUTTON, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Marisa C. Petrella, Petrella Brown PLC, Southfield, Michigan, for Petitioner.  Daniel E. Goldman, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Marisa C. Petrella, Petrella Brown PLC, Southfield, Michigan, for Petitioner.  Daniel E. Goldman, M. Jocelyn Wright, United States Department of Justice, Washington, D.C., for Respondent.