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BALAM-CHUC v. MUKASEY

No. 06-72887.

547 F.3d 1044 (2008)

Jose Eulalio BALAM-CHUC, Petitioner, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2008.

Attorney(s) appearing for the Case

Carol L. Edward, Eric P. Lin, and Shannon M. Underwood, Law Offices of Carol L. Edward & Associates, P.S., Seattle, WA, for the petitioner.

Peter D. Keisler, Stephen J. Flynn, and Dalin R. Holyoak, U.S. Department of Justice, Civil Division, Washington, DC, for the respondent.

Before: T.G. NELSON, HAWKINS, and JAY S. BYBEE, Circuit Judges.

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(i), is a statute of repose, and is thus not subject to equitable tolling for a claim of ineffective assistance of...

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