Jose Didiel Munoz v. John Ashcroft, Attorney General

Jose Didiel Munoz entered the United States unlawfully when he was one year old, brought by his mother from Guatemala. He has lived in this country ever since. Now he is 24, and he faces removal from the United States pursuant to an order by an immigration judge (“IJ”) finding him removable for entry without inspection. The Board of Immigration Appeals (“BIA”) dismissed his appeal of that order, and now he petitions for review.

Munoz’s arguments may be sorted into three contentions. First, noting that he has lived in this country effectively his entire life, Munoz argues that removing him would violate due process. Second, he contends that he was prejudiced by ineffective assistance of counsel at the hearing before the IJ. Third, based on the proposition that children cannot properly fend for their legal rights, Munoz argues that we should equitably toll, or extend pursuant to international law obligations, certain filing deadlines for aliens who, like himself, were children at the time of the filing dates. He notes that had certain filings been made on his behalf some years ago, his status today might be very different, and further, that as a minor he was legally…