Co-Counseling Program Win in the First Circuit

In James v. Garland, NILA teamed up with solo practitioner, Kira Gagarin, on her first petition for review. The case involved whether the BIA erred by failing to consider our client’s argument that notice of appeal, made while she was pro se, detained, and “during the frenzied first month of the COVID-19 outbreak,” should be treated as timely filed even though it arrived late at the BIA. On October 25, 2021, the First Circuit ruled in our favor. The court noted that “the BIA must have been aware of the coronavirus pandemic” and sent the case back to the BIA to determine whether our client’s circumstances warranted equitable tolling of the appeal deadline.