· 11/7/2000
Stanislav Iavorski v. United States Immigration and Naturalization Service
Citations
- 232 F.3d 124
- 2000 U.S. App. LEXIS 27866
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 limitations period for untimely motions to reopen can be equitably tolled to accommodate claims of ineffective assistance of counsel
- holding that record established alien had failed to exercise the due diligence required for equitable tolling, even though BIA did not address issue
- holding that equitable tolling applies to 90-day filing period for motions to reopen based on new facts
- holding that the equitable tolling doctrine applies to the 90-day period provided in 8 C.F.R. § 3.23(b)(1)(2000) for filing motions to reopen based on \new facts\
- holding that ineffective assistance of counsel provided a basis for equitable tolling but concluding that the alien’s claim was time-barred because the alien had not exercised due diligence
- holding that limitation on filing motions to reopen immigration proceedings may be equitably tolled but that alien failed to exercise required diligence
Source: CourtListener parenthetical corpus (CC0).
Judges: McLaughlin, Calabresi, Sotomayor
Read full opinion on CourtListenerSourced 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.