Ibrahim Nasr Ibrahim v. United States

Summary

The magistrate judge recommends dismissing Ibrahim Nasr Ibrahim’s motion under 28 U.S.C. § 2255 with prejudice as untimely. The recommendation concludes that the motion was filed after the one-year limitation period under § 2255(f)(1) and, alternatively, § 2255(f)(4), and that Ibrahim failed to establish grounds for equitable tolling. The matter concerns an ineffective-assistance claim based on counsel’s alleged failure to advise Ibrahim of the immigration consequences of his conviction.

Holdings

1. The motion was untimely because Ibrahim's unappealed conviction became final on April 6, 2023, after expiration of the time to file a direct appeal, and the one-year limitations period expired on April 6, 2024.
2. The August 2023 notice that immigration authorities would seek Ibrahim's removal did not make the motion timely because it arose before expiration of the § 2255(f)(1) period and, even if treated as newly discovered evidence, Ibrahim filed more than one year after receiving the notice.
3. Equitable tolling was unavailable because Ibrahim did not show that he pursued his rights diligently or that an extraordinary circumstance prevented timely filing.

Questions Presented

1. Whether Ibrahim's § 2255 motion was timely under 28 U.S.C. § 2255(f)(1).
2. Whether the immigration-removal notice constituted newly discoverable facts triggering a later limitations period under 28 U.S.C. § 2255(f)(4).
3. Whether equitable tolling should excuse the untimely filing.

Disposition

other