CA1 Equitable Tolling Remand: James v. Garland

James v. Garland

"After an immigration judge (IJ) ordered petitioner Andrea Joy James removed from the United States, the Board of Immigration Appeals (BIA) dismissed James's appeal as untimely. In so doing, the BIA failed to address James's request to apply equitable tolling in assessing whether her appeal was timely. For that reason, we vacate the BIA's dismissal of James's appeal and remand for the BIA to assess in the first instance whether the thirty-day time limit for appealing the IJ's order should have been equitably tolled so as to render James's appeal timely."

[Hats way off to Trina Realmuto, Kristin Macleod-Ball, Tiffany Lieu and Kira Gagarin!]