Amicus Brief on Filing Deadlines When There is Ineffective Assistance of Counsel Claim

Amicus brief to the Supreme Court in Mata v. Holder, filed by AIC, AILA, and the National Immigration Project, in support of the petitioner, illustrating why filing a MTR based on an ineffective assistance of counsel claim can take a considerable length of time past the 90-day statutory filing deadline.

Issue before the Supreme Court: Whether the Fifth Circuit erred in this case in holding that it has no jurisdiction to review petitioner's request that the Board of Immigration Appeals equitably toll the ninety-day deadline on his motion to reopen as a result of ineffective assistance of counsel under 8 C.F.R. § 1003.2(c)(2).

Arguments were heard on April 29, 2015.

For more information, check out SCOTUSblog’s webpage on this case.

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