Yesterday, in Prasad v. Holder, the Fourth Circuit became only the second circuit court of appeals (after the Ninth Circuit) to address whether the April 30, 2001 sunset date for adjustment of status under section 245(i) of the INA is a statute of limitations (which could theoretically be tolled) or a statute of repose (which sets an absolute deadline).  Prasad had hired an attorney to file a labor certification on his behalf before the sunset date, but to the attorney's incompetence, the labor certification was filed two months late.  Prasad argued that his former attorney's ineffective assistance should toll the filing deadline.  Unfortunately for Prasad, the court followed the Ninth Circuit's lead in Balam-Chuc v. Mukasey, 547 F.3d 1044 (9th Cir. 2008), and found that the sunset date is a statute of repose, not subject to equitable tolling.

The full text of Prasad v. Holder can be found here: