United States Ninth Circuit

Equitable tolling applies to the 90-day period to reopen a deportation case after a Board of Immigration Appeals decision under 8 CFR 3.2(c)(2) and applies even if the applicant knew, or should have learned of, the tolling event before the expiration of the original statute of limitations.

Appellate Information

• Argued Array
• Decided 12/05/2001
• Published 12/05/2001

Judges

• Before:  SCHROEDER, Chief Judge, and PREGERSON, REINHARDT, O'SCANNLAIN, HAWKINS, TASHIMA, SILVERMAN, McKEOWN, WARDLAW, PAEZ, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, San Francisco, California, for the petitioner.


• For Appellees:
  
• David W. Odgen, Assistant Attorney General, Civil Division, Washington, D.C. (argued), and Hugh G. Mullane, Senior Litigation Counsel, Civil Division, Washington, D.C. (brief), for the respondent.