United States Third Circuit

The Board of Immigration Appeals' denial of plaintiff's timely filed motion for rehearing, on the ground that it was not decided until after the period for voluntary departure had elapsed, is reversed where the time allotted for departure is tolled pending a ruling on the motion.

Appellate Information

• Argued 07/15/2005
• Decided 09/07/2005
• Published 09/07/2005

Judges

• Before: SLOVITER, MCKEE and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Greg D. Mack (Argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Appellant Bill Riley, as Regional Director Immigration and Customs Enforcement Department of Homeland Security, or His Successor or Assigns;  John Ashcroft, Attorney General of the United States.


• For Appellees:
  
• Lawrence H. Rudnick (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Appellee Oleg Kanivets.