United States Sixth Circuit

Denial of plaintiff's motion to reopen based on an approved labor certification is affirmed on grounds that it is untimely filed. As a result, plaintiff's alternative request to reinstate his period of voluntary departure cannot be granted when the proceedings have not been reopened.

Appellate Information

• Decided 07/30/2004
• Published 07/30/2004

Judges

• Before:  SILER and GIBBONS, Circuit Judges;  REEVES, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Richard T. Herman (briefed), Cleveland, OH, for Petitioners.


• For Appellees:
  
• Audrey B. Hemesath (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, DC, for Respondent Immigration and Naturalization Service.