Kuusk v. Holder, Jr., No. 12-2367 (4th Cir. 2013)Annotate this Case
Petitioner, an Estonian-born citizen of Russia, petitioned for review of the BIA's order denying her untimely motion to reopen removal proceedings. The court held that when a petitioner failed to meet the statutory deadline to file a motion to reopen her immigration case, equitable tolling was appropriate only when (1) the Government's wrongful conduct prevented the petitioner from filing a timely motion; or (2) extraordinary circumstances beyond the petitioner's control made it impossible. In this case, petitioner simply misunderstood the accurate, but limited, advice given by a USCIS officer and then ignored two warnings from her attorney that she needed to file a motion to reopen her immigration case within the statutory time limit. Accordingly, petitioner failed to satisfy either criteria for equitable tolling and the court denied the petition for review.