United States Second Circuit

Petition for review challenging denial of motion for reconsideration of the denial of petitioner's motion to reopen is denied over alternative claims that: 1) the pending petition for review before this Court rendered the BIA's decision non-final, and therefore the 90-day period had not yet begun to run; 2) the pending petition for review before this Court equitably tolled the 90-day period; and 3) alternatively, the BIA should have granted the motion on humanitarian grounds notwithstanding its untimeliness.

Appellate Information

• Decided 06/25/2007
• Published 06/25/2007

Judges

• PER CURIAM., Before:  JACOBS, Chief Judge, SOTOMAYOR, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Norman KwaiWing Wong, New York, NY, for Petitioner.


• For Appellees:
  
• Michael J. Edney, United States Department of Justice, Office of Legal Counsel (Fred T. Hinrichs, Assistant United States Attorney, Donald J. DeGabrielle, Jr., United States Attorney for the Southern District of Texas, Houston, TX, on the brief), for Respondent.