Mezo v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0227p-06.pdf
The court held that equitable tolling applies to ineffective assistance of counsel-based motions to reopen. The court then remanded to allow the BIA to determine whether the allegations of error are true and whether the alien was prejudiced when her attorney filed the appeal late. The court had no problems finding ineffective assistance in this case. The court also found that the alien exercised due diligence when her attorney lied to her and it was reasonable to believe the attorney.
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