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Publication Date: 
March 1, 2015
By statute, noncitizens who have been ordered removed have the right to file one motion to reopen. 8 U.S.C. § 1229a(c)(7)(A). In most cases, these statutory motions to reopen are subject to strict filing deadlines. See 8 U.S.C. §§ 1229a(c)(7)(C)(i), (b)(5)(C)(i). However, as nine courts of appeals have recognized, the deadlines are subject to equitable tolling, a long-recognized principle through which courts can waive the application of certain non-jurisdictional statutes of limitations where a plaintiff was diligent but nonetheless unable to comply with the filing deadline. Several courts have also recognized that the numerical limitation on motions to reopen is subject to tolling. The Council continues to advocate in the remaining courts of appeals for recognition that that the motion to reopen deadlines are subject to equitable tolling and, with the National Immigration Project of the National Lawyers' Guild (NIPNLG), has filed amicus briefs in the Fourth, Fifth and Eleventh Circuits.
January 27, 2015

Washington, D.C.—Recently, the U.S.

January 22, 2015

Washington, D.C.—Recently, the U.S.

December 29, 2014

Washington D.C. - Today, immigration, civil rights and labor groups joined the legal effort to defend President Obama’s recent executive action on immigration by filing an

December 22, 2014

Washington D.C. - Today, the U.S.

September 25, 2014

Washington, D.C.—Wednesday, the U.S.

September 17, 2014

Washington, D.C.

June 5, 2014

Washington, D.C.The American Immigration Council welcomes last week’s ruling by the United States District Court for the

May 22, 2014

On May 19, 2014, the American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to

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