United States First Circuit

Petition for review of BIA denial of a motion to reopen an asylum claim is denied where the motion was outside the 90-day filing limit, and Congress did not provide an exception for a claim that is based on a new decision of law issued after the ninety-day period has expired.

Appellate Information

• Decided 05/05/2006
• Published 05/08/2006

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Derege B. Demissieand Demissie & Associates on brief for petitioner.


• For Appellees:
  
• William C. Erb, Jr., Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Peter D. Keisler, Assistant Attorney General, Civil Division, and Anthony W. Norwood, Senior Litigation Counsel, on brief for respondent.