Mahmood v. Gonzales

Syed Mahmood petitions for review of the decision by the Board of Immigration Appeals ("BIA") dismissing his appeal by agreeing with the Immigration Judges ("IJ") denial of his motion to reopen as untimely filed. Though we conclude that Mahmoods allegations of ineffective assistance of counsel provide a basis for equitably tolling the relevant filing deadlines, we nonetheless deny the petition because he failed to exercise the requisite degree of diligence.