Gutierrez Colocho v. Holder
March 1, 2010
**MTR**
The agency acted within its discretion in denying as number barred Gutierrez Colocho’s second motion to reopen before the IJ. The BIA did not abuse its discretion in declining to equitably toll the numerical limitation on motions to reopen because the record does not support Gutierrez Colocho’s claim that prior counsel either filed Gutierrez Colocho’s first motion to reopen pro se, or otherwise provided ineffective legal assistance.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/03/01/06-74781.pdf
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