Ortega- Marroquin v. Holder, Jr., No. 10-1846 (8th Cir. 2011)
Annotate this CasePetitioner, a native of Guatemala, appealed from a final order of removal by the Board of Immigration Appeals ("BIA") seeking review of the BIA's decision to reverse itself by granting the government's motion for reconsideration and vacating the Board's prior decision that had allowed petitioner to reopen his case. At issue was the BIA's decision to rescind its sua sponte grant of petitioner's untimely motion to reopen on the basis of the departure bar. The court remanded and held that the BIA should determine whether petitioner's motion to reopen was timely filed pursuant to 8 U.S.C. 1229(c)(7)(C) under the doctrine of equitable tolling, given his claim of ineffective assistance of counsel, and if so, rule on the motion, whether on the basis of the departure or other grounds.
Court Description: Petition for Review - Immigration. Remanded to the Board of Immigration Appeals for consideration of petitioner's equitable-tolling claim; on remand, the Board should determine whether petitioner's motion to reopen was timely filed pursuant to 8 U.S.C. Sec. 1229a(c)(7)(C) under the doctrine of equitable tolling, given his claim of ineffective assistance of counsel and, if so, rule on the motion, whether on the basis of the departure bar or other grounds.
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