United States Third Circuit

The INA does not provide for an automatic stay of removal during this 30-day appeal period, during which she could appeal the INS's denial of her motion to reopen, and as plaintiff failed to request such a stay, the INS acted lawfully in removing her before the period lapsed.

Appellate Information

• Decided 05/28/2003
• Published 05/29/2003

Judges

• Before BECKER, Chief Judge, NYGAARD and AMBRO Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John D. Perez, P.C., Newark, for Petitioner.


• For Appellees:
  
• Robert D. McCallum, Jr., Assistant Attorney General Civil Division, Frank W. Fraser, Senior Litigation Counsel, Michelle E. Gorden, Senior Litigation Counsel, Office of Immigration Litigation, Civil Division, Department of Justice, Washington, for Respondent.