Is the time for filing a motion to reopen a claim for ineffective assistance of counsel valid?
The following excerpt is from Singh v. Holder, 10-423-agNAC (2nd Cir. 2011):
Singh also asserts that the BIA erred in declining to toll the time for filing due to ineffective assistance of counsel. In certain circumstances, an alien may toll the time period for filing a motion to reopen by demonstrating ineffective legal assistance. See Rabiu v. INS, 41 F.3d 879, 882 (2d Cir. 1994). In order to equitably toll the time period, in addition to complying with the procedural requirements for an ineffective assistance of counsel claim, an alien must show prejudice as a result of the ineffective assistance, and must have exercised due diligence in
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
