United States Seventh Circuit

Petition for review of a denial of a motion to reopen immigration proceedings is granted where the evidence that petitioner presented of the BIA's failure to send him notice of an earlier denial of his application for asylum, coupled with his demonstration of due diligence, entitled him to equitable tolling of the 90 day time-limit to file a motion to reopen.

Appellate Information

• Argued 11/27/2007
• Decided 02/19/2008
• Published 02/19/2008

Judges

• EVANS, Circuit Judge., Before MANION, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John W. Kearns, Grant E. Smith, Chicago, IL, Mary Bluma (argued), Chicago, IL, for Petitioner.


• For Appellees:
  
• Benjamin J. Zeitlin (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.