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101846P.pdf 05/23/2011 Daniel Marroquin v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 10-1846
Board of Immigration Appeals
[PUBLISHED] [Benton, Author, with Smith and Gruender, Circuit Judges]
Petition for Review - Immigration. Remanded to the Board of
Immigration Appeals for consideration of petitioner's equitable-tolling
claim; on remand, the Board should determine whether petitioner's
motion to reopen was timely filed pursuant to 8 U.S.C. Sec.
1229a(c)(7)(C) under the doctrine of equitable tolling, given his claim of
ineffective assistance of counsel and, if so, rule on the motion, whether on
the basis of the departure bar or other grounds.