Legal Opinion
Mejia-Hernandez v. Holder
Court of Appeals for the Ninth Circuit
Decided January 27, 2011No. 07-74277PublishedCited by 107 opinions
1Opinion of the Court
Opinion by Judge GOODWIN; Partial Concurrence and Partial Dissent by Judge ZOUHARY.
OPINION
GOODWIN, Circuit Judge:
In view of a number of pending immigration cases calling into question the continued vitality of Ekimian v. INS, 303 F.3d 1153 (9th Cir.2002), we must decide whether we can review a BIA decision against reopening in the context of a claim of equitable tolling. We affirm the BIA decision regarding notice. We do not review the sua sponte reopening. We reverse the BIA decision on equitable tolling, and remand to the agency for further proceedings.
I. FACTS AND PROCEDURAL HISTORY
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2Cases cited14 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Heckler v. ChaneySupreme Court of the United States · 1985
- Miguel Angel Iturribarria v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Kucana v. HolderSupreme Court of the United States · 2010
- Tigran Ekimian Rouzan Nagapetian Avetis Hekimian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
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3Cited by107 opinions
- MacArio Bonilla v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Avagyan v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Sama Abdisalan v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2015
- Lezama-Garcia v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Elizabeth Lona v. William BarrCourt of Appeals for the Ninth Circuit · 2020
102 more not listed; retrieve them via the Exa API.