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· 10/30/2023

Del Castillo Trelles, Daller v. Alternative Exterminating Comejen, Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that petitioner's seven-year long wait for his wife's NACARA claim to be adjudicated was reasonable under the circumstances and did not show lack of due diligence
  • holding that petitioner’s seven-year long wait for his wife’s NACARA claim to be adjudicated was reasonable under the circumstances and did not show lack of due diligence
  • explaining that in instances of fraudulent representation, “the limitations period is tolled until the petitioner definitively learns of counsel’s fraud” (quotation and citation omitted)
  • applying Skidmore deference to the BIA’s interpretation “proportional to its thoroughness, reasoning, consistency, and ability to persuade”
  • finding equitable tolling after a roughly seven-year delay when the petitioner had compelling grounds to trust his lawyer who was successful in obtaining relief for the petitioner’s wife
  • BIA’s consideration of whether a fundamental change in the law warrants reopening involves an exercise of its sua sponte authority

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.