Legal Opinion

Syed Mahmood v. Alberto R. Gonzales, Attorney General of the United States

Court of Appeals for the Third Circuit

Decided November 1, 2005No. 03-3760PublishedCited by 97 opinions

1Opinion of the Court

AMBRO, Circuit Judge.

Syed Mahmood petitions for review of the decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal by agreeing with the Immigration Judge’s (“IJ”) denial of his motion to reopen as untimely filed. Though we conclude that Mahmood’s allegations of ineffective assistance of counsel provide a basis for equitably tolling the relevant filing deadlines, we nonetheless deny the petition because he failed to exercise the requisite degree of diligence.

I. Facts and Procedural History

Mahmood, a native and citizen of Bangladesh, entered the United States in February…

2Cases cited12 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
  3. Dean Hedges v. United States of America Environmental Moorings InternationalCourt of Appeals for the Third Circuit · 2005
  4. Immigration & Naturalization Service v. DohertySupreme Court of the United States · 1992
  5. Saidou Dia v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003

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3Cited by97 opinions

  1. Zheng v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
  2. Ndayshimiye v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
  3. ALZAARIR v. Attorney General of USCourt of Appeals for the Third Circuit · 2011
  4. Samuel Kwasi Asere v. Alberto R. Gonzales, United States Attorney GeneralCourt of Appeals for the Seventh Circuit · 2006
  5. Abulashvili v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011

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