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[Previous entry: "Fact Sheet and Questions and Answers from White House on Reform Proposals"] [Main Index] [Next entry: "Transcript of President Bush's Briefing on Immigration Proposal"] 01/09/2004 Entry: "Court Refuses to extend Diversity Lottery Adjustment Deadline" The Ninth Circuit Court of Appeal held that the statutory deadline for eligibility for a diversity immigrant visa could not be equitably tolled where applicant was defrauded by a notary when she attempted to file an application for adjustment of status before the Immigration and Naturalization Service. In Carrillo-Gonzales, the Ninth Circuit held that the statutory deadline for eligibility for a diversity immigrant visa could not be equitably tolled where petitioner was defrauded by a notary when she attempted to file an application for adjustment of status before the Immigration and Naturalization Service. The Court reasoned that the doctrine of equitable tolling was not appropriate to override Congress's explicit public policy determination and express intent regarding qualifications for a visa under the Diversity Visa Lottery Program. In reaching its conclusion, the Court distinguished its prior decisions in Varela v. INS, 204 F.3d 1237 (9th Cir. 2000) and Lopez v. INS, 184 F.3d 1097 (9th Cir. 1999), which dealt with equitable tolling in the context of waiving numeric page limits and the filing deadline for motions to reopen before the Board of Immigration Appeals, respectively. Carrillo-Gonzales v. INS, (9th Cir. December 31, 2003)
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