Gordillo v. Holder, No. 08-4584 (6th Cir. 2011)
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Petitioners, husband and wife citizens of Guatemala, were eligible for suspension of removal under the Nicaraguan Adjustment and Central American Relief Act of 1997, 111 Stat. 2160, but their lawyer never cited NACARA during removal proceedings before the immigration judge or the Board of Immigration Appeals and failed to notify the couple of the decisions. After the husband was taken into custody they learned of their eligibility and moved to reopen their case. The Board denied the motion. The Sixth Circuit vacated and remanded. The Board retains jurisdiction, although the husband has been deported, and the doctrine of equitable tolling applies to the wife's petition. The couple was diligent in pursuing their rights after learning of their lawyer's ineffective assistance; the Board can explore the issue of their diligence prior to revocation of their work permits.
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