equitable tolling | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

MTR can be equitable Tolled

Posted on August 16, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties faced by immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”

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https://californiaimmigration.us/motion-to-reopen-granted-for-religious-person/

Filed under: Immigration Attorney | Tagged: equitable tolling, motion to reopen, MTR | Leave a comment »

Equitable tolling of Motion to Reopen

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit remanded the petition to the Board of Immigration Appeals to determine if equitable tolling is appropriate in Mr. Lugo-Resendez’ case. Importantly, the Court instructed the Board not to apply the test “too harshly,” noting the difficulties faced by deported immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”

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https://californiaimmigration.us/motion-to-reopen-granted-2/