Legal Opinion

Azmond Ali v. Alberto R. Gonzales, Attorney General of the United States

Court of Appeals for the Second Circuit

Decided May 12, 2006No. Docket 04-4584-AGPublishedCited by 1,240 opinions

1Per curiam

We consider here (1) whether the Board of Immigration Appeals (“BIA”) abused its discretion in denying a motion to reopen removal proceedings on the basis that petitioner’s motion was untimely and petitioner was not entitled to equitable tolling under Iavorski v. INS, 232 F.3d 124 (2d Cir.2000), because he failed to exercise due diligence in pursuing his case, and, as a matter of first impression in this Circuit, (2) whether we have jurisdiction to review the BIA’s decision not to exercise its “sua sponte authority” to reopen removal proceedings under 8 C.F.R. § 1003.2(a) 1 — ie., its…

2Cases cited11 opinions

  1. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  2. Tigran Ekimian Rouzan Nagapetian Avetis Hekimian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  3. Stanislav Iavorski v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2000
  4. Edin Cekic and Samka Cekic v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2006
  5. Efrain Modesto Calle-Vujiles v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003

6 more not listed; retrieve them via the Exa API.

3Cited by1,240 opinions

  1. Jian Hua Wang v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
  2. Jin Bo Zhao v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2006
  3. Mahmood v. HolderCourt of Appeals for the Second Circuit · 2009
  4. Mosere v. MukaseyCourt of Appeals for the Fourth Circuit · 2009
  5. Lenis v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2008

1,235 more not listed; retrieve them via the Exa API.

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