Legal Opinion
Ruben Lopez v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided July 14, 1999No. 97-70937PublishedCited by 120 opinions
1Opinion of the Court
HUG, Chief Judge.
Ruben Lopez appeals the Board of Immigration Appeals (“BIA”) denial of his motion to reopen an in absentia deportation order on the ground that his former “counsel” engaged in fraud by posing as an attorney and provided ineffective assistance of counsel. This court has jurisdiction to review final deportation orders pursuant to 8 U.S.C. § 1105a (1994 & Supp. 1997). 1 We conclude that the statutory time limit for reopening is tolled by the fraudulent representations made by Lopez’s former “counsel.” Consequently, we reverse and remand.
Procedural and Factual Background
Ruben…
2Cases cited10 opinions
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- LOZADABoard of Immigration Appeals · 1988
- 97 Cal. Daily Op. Serv. 8943, 97 Daily Journal D.A.R. 14,491 Veronico Blas Almario Kalaw Eleanor Lu Dalisay v. Immigration and Naturalization Service, Florencia Garcia Revilla v. Immigration and Naturalization Service, Anastacia Miranda-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1997
- Bailey v. GloverSupreme Court of the United States · 1875
- Julio Lozada v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1988
5 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Miguel Angel Iturribarria v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
- Stanislav Iavorski v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
- Lara-Torres v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Nicolas Rodriguez-Lariz Maria De Jesus Guevara-Martinez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
115 more not listed; retrieve them via the Exa API.