Attipoe v. Barr, No. 18-204 (2d Cir. 2019)
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The BIA must consider the principles of equitable tolling when an untimely appeal is filed and the petitioner raises the issue.
The Second Circuit granted a petition for review of the BIA's decision refusing to accept petitioner's untimely appeal of an IJ's order of removal from Ghana. The court held that the BIA erred in refusing to consider whether the argument that the appeal deadline, which is nonjurisdictional, is subject to an equitable tolling exception. The court found that the appeal deadline is a claim‐processing rule amenable to equitable tolling and thus remanded to the BIA to develop standards for equitable tolling, determining whether petitioner qualified for such relief.
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