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TAPIA-MARTINEZ v. GONZALES

No. 05-4413.

482 F.3d 417 (2007)

Dolores TAPIA-MARTINEZ, Petitioner, v. Alberto R. GONZALES, Attorney General of United States, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 27, 2007.

Attorney(s) appearing for the Case

ARGUED: Marisa C. Petrella, Petrella Brown PLC, Southfield, Michigan, for Petitioner. Daniel E. Goldman, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Marisa C. Petrella, Petrella Brown PLC, Southfield, Michigan, for Petitioner. Daniel E. Goldman, M. Jocelyn Wright, United States Department of Justice, Washington, D.C., for Respondent.

Before: SUHRHEINRICH, SUTTON, and McKEAGUE, Circuit Judges.

SUHRHEINRICH, Circuit Judge.

Petitioner, Dolores Tapia-Martinez, seeks judicial review of a decision of the Board of Immigration Appeals ("BIA"), denying her second motion to reopen as numerically barred under 8 C.F.R. § 1-3.2(c)(2). Petitioner asserts that because her second motion to reopen is based on ineffective assistance of counsel, equitable tolling should apply. Petitioner also argues that review by a three-member panel pursuant to 8 C.F.R. § 1003...

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