Legal Opinion
Avagyan v. Holder
Court of Appeals for the Ninth Circuit
Decided July 1, 2011No. 06-73982PublishedCited by 202 opinions
1Opinion of the Court
Opinion by Judge B. FLETCHER; Dissent by Judge CALLAHAN.
OPINION
B. FLETCHER, Circuit Judge:
Elza Avagyan petitions for review of the Board of Immigration Appeals’s (BIA’s) denial as untimely of her motion to reopen removal proceedings to apply for adjustment of status, on account of ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252(a)(2)(D). See De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). The denial of a motion to reopen is reviewed for abuse of discretion. Id. We grant the petition for review and remand to the BIA for further proceedings consistent…
2Cases cited36 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Wallace v. KatoSupreme Court of the United States · 2007
- Holland v. FloridaSupreme Court of the United States · 2010
- Pennsylvania v. FinleySupreme Court of the United States · 1987
- Lawrence v. FloridaSupreme Court of the United States · 2007
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3Cited by202 opinions
- MacArio Bonilla v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
- Santiago-Rodriguez v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Garfield Lawrence v. Loretta LynchCourt of Appeals for the Fourth Circuit · 2016
- Singh v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Elizabeth Lona v. William BarrCourt of Appeals for the Ninth Circuit · 2020
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