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United States Sixth Circuit


Barry v. Mukasey, 07-3317

Petition for review of an order denying petitioner's untimely motion to reopen is dismissed in part and denied in part where: 1) the circuit court lacked jurisdiction to review the BIA's decision not to exercise its sua sponte discretion to reopen removal proceedings; and 2) the BIA did not otherwise abuse its discretion when it denied her request to equitably toll the time limit for her motion to reopen.

Appellate Information

  • Decided 04/17/2008
  • Published 04/17/2008

Judges

  • Before:  BATCHELDER, MOORE, and McKEAGUE, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ON BRIEF:  Joseph M. Kum, Amity, Kum & Suleman, P.A., Greenbelt, Maryland, for Petitioner.  Vanessa Lefort, Aviva L. Poczter, United States Dept. of Justice, Washington, D.C., for Respondent.
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