Bead v. Holder, No. 12-1434 (1st Cir. 2013)Annotate this Case
Petitioner, a native and citizen of Liberia, filed for asylum, withholding of removal, and protection under the Convention Against Torture. Petitioner conceded his removability, and the immigration judge (IJ) scheduled a merits hearing to adjudicate Petitioner's applications. Because Petitioner's counsel failed to submit required biometric and biographical information to the Department of Homeland Security, the IJ found that Petitioner had abandoned his asylum application and ordered him removed to Liberia. Petitioner did not appeal. Three years later, Petitioner moved to reopen his case, arguing that he had received ineffective assistance of counsel. The IJ denied the motion as untimely. The Board of Immigration Appeals (BIA) affirmed. At issue on appeal was whether Petitioner should have the benefit of the equitable tolling doctrine. The First Circuit Court of Appeals denied Petitioner's petition for review, agreeing with the BIA's conclusion that Petitioner's motion to reopen was untimely, as Petitioner had not diligently pursued his rights.