United States Seventh Circuit

A motion seeking a stay of petitioner's removal to China pending review of the dismissal of his original asylum claim and a denial of his motion to reopen the asylum proceedings is denied as: 1) the motion was untimely as far as the original asylum claim was concerned; and 2) petitioner failed to establish that he was entitled to a stay as to the other claim.

Appellate Information

• Argued 07/09/2008
• Decided 11/09/2007
• Published 11/09/2007

Judges

• POSNER, Circuit Judge., Before POSNER, SYKES, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Yimin Chen (argued), Chen & Associates, New York, NY, Theodore N. Cox (argued), New York, NY, Michael Brown (argued), New York, NY, Gary J. Yerman (argued), Yerman & Associates, New York, NY, for Petitioners.


• For Appellees:
  
• Julie M. Iversen (argued), Anh Thu P. Mai-Windle, Department of Justice, Civil Div., Immigration litigation, Annette M. Wietecha, Department of Justice, Civil Div., Immigration litigation, Thomas H. Dupree, Jr., (argued), Department of Justice, Civil Div., Appellate Staff, Greg D. Mack, Department of Justice, Immigration Litigation, Aliza Alyeshmerni, Department of Justice, Immigration Litigation, Washington, DC, for Respondent.