United States Ninth Circuit

The Board of Immigration Appeals abused its discretion by misapplying its own regulations and classifying a motion alleging ineffective assistance as a motion to reconsider, rather than as a motion to reopen deportation proceedings. Petitioner was entitled to a hearing as to equitable tolling.

Appellate Information

• Argued 11/07/2002
• Decided 03/04/2003
• Published 03/04/2003

Judges

• Before CANBY, GOULD and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Edgardo Quintanilla and Anna Luisa Padilla, Sherman Oaks, CA, for the petitioner-appellant.


• For Appellees:
  
• Anthony C. Payne and Cindy S. Ferrier, Attorneys, Office of Immigration Litigation, Civil Division.   United States Department of Justice, Washington, D.C., for the respondent-appellee.