Gordillo v. Holder, No. 08-45874 (6th Cir. May 13, 2011)

The court found that the prior attorney rendered ineffective assistance of counsel by failing to assert the alien's eligibility for NACARA suspension of deportation.  The court further found prejudice.

Importantly, the court found that the alien was diligent despite a lengthy delay between when the aliens learned about the error and filed the motion to reopen.  The aliens were diligent because they immediately spoke to two attorneys who told them there was nothing to do.  The court found it reasonable for them to rely on the advice of these attorneys and a notario.  The court found equitable tolling was warranted.

The court also seemed willing to accept that the delay between the BIA's removal order and when the aliens learned about it was reasonable because they were able to renew their work authorization but it remanded to allow the BIA to address this in the first instance.