Romer v. Holder, No. 10-2112 (1st Cir. 2011)
Annotate this CasePetitioner, a citizen of Ukraine, now married to a U.S. citizen, entered the U.S. on a visitor's visa in 1999 and overstayed. An IJ granted voluntary departure by March 8, 2006. A motion to reopen was denied. Petitioner, who claims to have been unaware of the denial, remained in the U.S. and was arrested in 2010. Another motion to reopen was denied and, pursuant to 8 U.S.C. 1229c(d)(1)(B)3 the IJ imposed an absolute 10-year bar on any adjustment of status. A new attorney filed a third motion to reopen, based on petitioner's reliance on his previous attorney, who was incompetent. The IJ rejected the motion and the BIA affirmed. The First Circuit remanded for consideration of whether the time-bar on motions to reopen may have tolled, based on equitable considerations, and whether petitioner "voluntarily" remained in the U.S. so as to be subject to the 10-year bar.
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