Review of TPS denial

Hernandez v. Holder, No. 10-3662 (6th Cir. Jan. 25, 2012) (unpublished)

The court reviewed on the merits of the TPS denial.  The court found that the failure to properly file before the registration deadline precluded TPS relief.  The court also declined to equitably toll the deadline due to the USCIS's delay in returning the timely filed.  The court recognized that under the right circumstances this deadline could have been equitably tolled.  The court also declined to equitably toll the deadline due to ineffective assistance of counsel provided by a community organization engaged in the unauthorized practice of law. The applicant did not comply with Lozada plus the court seemed to say that the can be no ineffective assistance of counsel if the individual was not an attorney or accredited representative.