United States Ninth Circuit

Petition for review of the BIA's denials of a motion to reopen removal proceedings and a motion for reconsideration after petitioner's successful application to qualify for an adjustment of status under the Violence Against Women Act is granted where: 1) regardless of the BIA's holding that petitioner fell short of the strict requirements for establishing ineffective assistance of counsel, petitioner acted diligently in retaining new counsel and is entitled to the benefit of the equitable tolling doctrine; and 2) the BIA should have granted petitioner's motion to reconsider since she clearly pointed out the factual error underlying the BIA's denial of her motion to reopen.

Appellate Information

• Argued 10/21/2008
• Decided 02/09/2009
• Published 02/09/2009

Judges

• SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER, D.W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Drew Sieminski, Oakland, CA, for the petitioner.


• For Appellees:
  
• Jem C. Sponzo, Washington, D.C., for the respondent.