United States First Circuit

The issuance of a stay of removal pending judicial review of a denial of asylum does not toll the 90-day deadline established by statute for an alien to file a motion to the Board of Immigration Appeals to reopen its prior determination.

Appellate Information

• Decided 07/01/2005
• Published 07/01/2005

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, SELYA, and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martin J. McNulty on brief for petitioner.


• For Appellees:
  
• Kevin M. Laden, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, on brief for respondent.