Villegas Avendano v. Bondi
23-4055
9th Cir.Apr 4, 2025Background
- Petitioners Oscar Eduardo Villegas Avendano, Diana Marcela Aranda Barrera, and their minor daughter are Colombian nationals seeking asylum, withholding of removal, and CAT protection.
- An Immigration Judge (IJ) denied their applications for relief.
- Petitioners appealed to the Board of Immigration Appeals (BIA), but their appeal was filed more than 30 days after the IJ’s decision, making it untimely.
- Petitioners argued for equitable tolling due to their appeal packet being misplaced during transit.
- The BIA summarily dismissed their appeal for lack of due diligence in remedying the late filing.
- The Ninth Circuit reviewed the BIA's dismissal for abuse of discretion and denied the petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of BIA appeal | Filing deadline should be equitably tolled due to misplaced packet | Petitioners did not act with due diligence | Against Pet. |
| Equitable tolling standard | Due diligence exercised after discovering packet was misplaced | Delay in seeking nonvital information shows lack of diligence | Against Pet. |
| Ineffective assistance of counsel (IAC) | No specific argument raised | Waived – not argued or exhausted | Against Pet. |
Key Cases Cited
- Nolasco-Amaya v. Garland, 14 F.4th 1007 (9th Cir. 2021) (standard for review of BIA summary dismissals)
- Avagyan v. Holder, 646 F.3d 672 (9th Cir. 2011) (standards for equitable tolling and due diligence)
- Valeriano v. Gonzales, 474 F.3d 669 (9th Cir. 2007) (definition of due diligence for equitable tolling)
- Ghahremani v. Gonzales, 498 F.3d 993 (9th Cir. 2007) (waiver of issues not argued in briefing)
- Benedicto v. Garland, 12 F.4th 1049 (9th Cir. 2021) (requirement to exhaust claims at the BIA)