Davis v. Holder
September 14, 2009
**Jurisdiction; ineffective assistance of counsel as extraordinary circumstances**
Davis filed her asylum application over six years after entry into the United States. “Extraordinary circumstances relating to the delay in filing an application” may excuse late filing. While iineffective assistance of counsel may constitute such extraordinary circumstances, this court does not have jurisdiction here because there are disputed facts as to her claim of counsel’s ineffective assistance.
http://www.ca9.uscourts.gov/datastore/memoranda/2009/09/14/05-72070.pdf
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