United States Ninth Circuit

An alien who delays filing a motion to reopen under 8 C.F.R. section 1003.2(c)(1) while awaiting the government's response to his counsel's request to join the motion to reopen under 8 C.F.R. section 1003.2(c)(3)(iii) until the deadline is past is not entitled to equitable tolling.

Appellate Information

• Argued 10/20/2005
• Decided 01/23/2007
• Published 01/23/2007

Judges

• KLEINFELD, Circuit Judge., Before KLEINFELD and FISHER, Circuit Judges, and MILTON I. SHADUR, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Victor D. Nieblas, Law Office of Victor D. Nieblas Pradis, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Cindy S. Ferrier (argued), Shelley R. Goad (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.