United States Ninth Circuit

Petitioner's ineffective assistance of counsel claim should have been characterized as a motion to reopen, rather than a motion to reconsider, and is entitled to equitable tolling; remanded with instructions to reopen.

Appellate Information

• Decided 05/18/2004
• Published 05/18/2004

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before: CANBY, W. FLETCHER, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ashwani K. Bhakhri, Burlingame, CA, for the petitioner.


• For Appellees:
  
• Mary Jane Candaux and Thankful Vandestar, Office of Immigration Litigation, Washington, DC, for the respondent.