United States Ninth Circuit

An alien has not acquired a substantive due process right to remain in the U.S. based on purported unique circumstances, and he failed to show deficient performance or prejudice through counsel's handling of an asylum application; equitable tolling is not available under the Nicaraguan Adjustment and Central American Relief Act.

Appellate Information

• Argued 05/15/2003
• Decided 08/08/2003
• Published 08/08/2003

Judges

• Before TASHIMA, BERZON, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elizabeth Berenguer and Taren Ellis (both argued), law students at the University of Arizona College of Law, under supervision of Willie M. Jordan-Curtis, Esq., Tucson, Arizona, for the petitioner.


• For Appellees:
  
• Michelle R. Slack (argued), and Marion E. Guyton (on the brief), Office of Civil Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.