United States Second Circuit

Petition for review of denial of application for asylum, withholding of return, and relief under the Convention Against Torture, and also denial of motion to reopen proceedings for purposes of adjusting petitioners' status to lawful permanent residents, is denied over claims that: 1) the BIA erred by failing to take into account their advanced age in assessing their credibility; and 2) petitioners' voluntary departure period should be deemed stayed, tolled, or otherwise extended by their having timely filed for a petition for review and moved for a stay of deportation in their underlying asylum case. The INS District Director might well consider exercising his or her discretion under pre-IIRIRA regulatory authority to grant a nunc pro tunc extension of voluntary departure so that petitioners may adjust their status to lawful permanent residents.

Appellate Information

• Decided 05/24/2007
• Published 05/24/2007

Judges

• Before:  SOTOMAYOR, RAGGI, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Irina Kogan, Brooklyn, NY, Dan M. Kahan, Yale Law School Supreme Court Advocacy Clinic, New Haven, CT;  Charles A. Rothfeld and Andrew Pincus, Mayer, Brown, Rowe & Maw LLP, Washington, DC, for Petitioners.


• For Appellees:
  
• John C. Cunningham, Senior Litigation Counsel (Peter D. Keisler, Assistant Attorney General, Linda S. Wendtland, Assistant Director, on the brief), Office of Immigration Litigation, Washington, DC, for Respondent.