Iavorski v. United States Immigration and Naturalization Service

Petition for review of an order of the Board of Immigration Appeals dismissing the appeal from the Immigration Judges denial of two untimely motions to reopen deportation proceedings. We hold that the filing deadline for motions to reopen may be equitably tolled by an alien claiming ineffective assistance of counsel, but that petitioner did not exercise the requisite due diligence in pursuing his claim to warrant the tolling of the filing deadline for the relevant period.