Legal Opinion
Balam-Chuc v. Mukasey
Court of Appeals for the Ninth Circuit
Decided October 24, 2008No. 06-72887PublishedCited by 30 opinions
1Opinion of the Court
OPINION
BYBEE, Circuit Judge:
Petitioner Jose Eulalio Balam-Chuc (“Balam-Chuc”) seeks review of a dismissal of his appeal to the Board of Immigration Appeals (“BIA”). Balam-Chuc argues that the BIA improperly decided that the April 30, 2001, filing deadline in § 245(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255®, is a statute of repose, and is thus not subject to equitable tolling for a claim of ineffective assistance of counsel. He further claims that his counsel’s ineffective assistance constitutes a due process violation under the Fifth Amendment. For the reasons set…
2Cases cited10 opinions
- Todor Krumov Simeonov v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Lara-Torres v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Almaghzar v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
- Juan Monjaraz-Munoz v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Jose Didiel Munoz v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. Palomino GarciaCourt of Appeals for the Eleventh Circuit · 2010
- Singh v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Contreras v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2012
- Landin-Molina v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Federal Housing Finance Agency v. Countrywide Financial Corp.District Court, C.D. California · 2012
25 more not listed; retrieve them via the Exa API.