Quiroz v. Holder (unpub)
**COR, MTR, IAC**
The BIA abused its discretion when it determined that petitioner Maria Valdovinos Quiroz’s untimely motion to reopen was not subject to equitable tolling of the motions deadline. Ineffective assistance of counsel is plain on the face of the record. At the initial hearing on remand, Maria’s former counsel failed to inform the IJ that her U.S. citizen daughter, who the BIA had earlier noted suffers from “serious” paranoid schizophrenia, would soon turn 21 years old. As a result, once the daughter, Ana, turned 21, she was no longer a “qualifying relative” for Maria, and the IJ was unable to consider Maria’s application for cancellation of removal. Remand for a prejudice determination, and any other equitable relief the agency may consider appropriate, including any relief for which Ana may be eligible. The Court also stays the mandate, and refer these petitions to the Circuit Mediator to explore possible resolution through mediation.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/07/29/08-70983.pdf
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