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HERNANDEZ-ORTIZ v. GARLAND

No. 16-72752.

32 F.4th 794 (2022)

Juan HERNANDEZ-ORTIZ, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2022.

Attorney(s) appearing for the Case

Nikhil M. Shah , Marina Del Rey , California, for Petitioner.

Jessica A. Dawgert , Senior Litigation Counsel; Lori B. Warlick , Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Sharon L. Gleason, District Judge.

OPINION

The petitioner in this case filed a motion to reopen his immigration proceedings over sixteen years after the statutory deadline for doing so had passed. He principally argues that the deadline should be equitably tolled because he allegedly received ineffective assistance of counsel when his prior lawyers...

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