United States Ninth Circuit

Petition for review of the Board of Immigration Appeals' (BIA) decision denying his motion to reopen deportation proceedings is: 1) granted in part where the BIA based its decision declining to exercise its sua sponte authority to reopen on an erroneous understanding of the legal principles concerning the relationship between prior deportation, reopening of deportation proceedings, and eligibility for INA section 212(c) relief; and 2) denied in part where petitioner's ineffective assistance of counsel claim did not warrant equitable tolling of the limitations period for his untimely-filed motion to reopen for adjustment of status, and denied the petition for review on the adjustment issue.

Appellate Information

• Published 2016/07/12

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel