Dolores Tapia-Martinez v. Alberto R. Gonzales, Attorney General of United States

How courts have described this case

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

• holding that the petitioner failed to exercise due diligence because she waited fifteen months after discovering former counsel’s deficient performance before filing a motion to reopen
• finding that a fifteen-month delay between discovering counsel’s deficient performance and filing a motion to reopen “cannot be considered due diligence”
• refraining from resolving the open question in our circuit of whether -2- Case No. 19-3476, Cheat v. Garland “equitable tolling applies to numeral limitations on motions to reopen”
• denying equitable tolling for lack of due diligence where petitioner “did not file a motion alleging ineffective assistance by Yaeger until fifteen months after she discovered Yaeger’s deficient performance”
• “Section 1003.1(e) of the Code of Federal Regulations states that ‘[u]nless a case meets the standards for assignment to a three-member panel under paragraph (e)(6

Source: CourtListener parenthetical corpus (CC0).