Friday, March 05, 2010

Torres (not precedential): Equitable Tolling For Motion To Reopen Based On Marriage To Citizen

Torres v. Holder, No. 08-3554 (3d Cir. Oct. 16, 2009) (not precedential)

Judges Fuentes, Weis, and Garth. Per Curiam decision. The Third Circuit held that the BIA erred by refusing to allow someone to reopen a case beyond the usual 90-day limit when there was proof that she made diligent efforts to pursue adjustment of status and had not received notice that the BIA had denied her appeal. Therefore, the BIA should have used equitable tolling to extend the period for filing a motion to reopen.

Although IJ Eugene Pugliese had originally ruled in the case, the entire issue on appeal was focused only on the BIA's ruling, not anything the IJ had decided.


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