Immigrants’ Appeal of Removal Order Subject to Equitable Tolling

The 30-day limitations period for an immigrant to appeal an order requiring him to be removed from the U.S. isn’t jurisdictional, and thus may be equitably tolled, the Second Circuit said Dec. 19.

But the Board of Immigration Appeals must develop standards for applying the doctrine, the opinion by Judge Rosemary S. Pooler said.

An attorney took Emeli Attipoe’s money to appeal his removal order, but never filed the appeal. The BIA refused to accept Attipoe’s untimely appeal, saying the regulation that set the 30-day limit is jurisdictional and can’t be subject to equitable tolling.

Looking at the Immigration and ...