Sembhi v. Sessions

Sembhi, a citizen of India, entered the U.S. in 1995 and overstayed his non-immigrant visa. Two years later, after he unsuccessfully sought asylum, Sembhi was charged as removable. Sembhi expected to obtain an I-130 visa based on his marriage to a U.S. citizen but when Sembhi appeared for a hearing in 2001, his counsel reported that his wife had obtained a default divorce. Sembhi’s counsel, Burton, indicated that Sembhi intended to explore vacating the divorce or cancellation of removal as an allegedly battered spouse or voluntary departure. The judge continued the matter. At the continued hearing Burton was present but Sembhi was not. Burton stated that he had not communicated with Sembhi in weeks despite attempts to contact him. Agreeing that Sembhi had received notice, the judge ordered Sembhi removed. More than 10 years later, Sembhi, represented by attorney Carbide, moved to reopen, blaming Burton for his failure to appear--an “exceptional circumstance.” The IJ denied Sembhi’s request. The BIA dismissed an appeal. Sembhi then acknowledged that his attorney had informed him orally of the hearing date but stated that he misunderstood the date. Before he filed this second motion, Sembhi had been married to another U.S. citizen for more than 10 years; his I-130 visa petition had been approved. After five adverse BIA decisions, Sembhi’s petition for review was denied by the Seventh Circuit. His fifth motion was late and numerically barred, 8 U.S.C. 1229a(c)(7)(A); Sembhi is not entitled to equitable tolling of those limitations. View "Sembhi v. Sessions" on Justia Law