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· 8/2/2010

Mezo v. Holder

Citations

  • 615 F.3d 616
  • 2010 U.S. App. LEXIS 15945
  • 2010 WL 2993325

How courts have described this case

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

  • finding that the attorney made multiple misrepresentations to the petitioner regarding the status of her appeal
  • reviewing BIA’s denial of motion to reopen brought on ineffective-assistance grounds for lack of due diligence
  • “Due diligence requires an alien to prove that the delay in filing the motion to reopen was due to an exceptional circumstance beyond his control” (internal quotation marks omitted)
  • “The clock would start again when Mezo discovered [her prior attorney’s] fraudulence . . . .”
  • “[A]t a minimum, a petitioner seeking to resuscitate a time-barred immigration appeal must establish due diligence.” (alteration in original) (citation omitted)
  • “[W]e have declined to equitably toll the time period for filing motions to reopen for two reasons: (1) where the petitioner failed to establish prejudice from former counsel’s untimely appeal . . . and (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Martin, Gibbons, Marbley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.