United States Ninth Circuit

When a motion to reopen is filed within the voluntary departure period, and a stay of removal or voluntary departure is requested, the voluntary departure period is tolled during the period the Board of Immigration Appeals is considering the motion.

Appellate Information

• Argued 04/14/2004
• Decided 01/18/2005
• Published 01/18/2005

Judges

• REINHARDT, Circuit Judge., Before:  REINHARDT, McKEOWN, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marina Pineda-Kamariotis, Law Office of Marina Pineda-Kamariotis, San Francisco, CA, for the petitioners.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Washington, DC;  David V. Bernal, Assistant Director, Office of Immigration Litigation, Civil Division, Washington, DC;  Jamie M. Dowd, Trial Attorney, Office of Immigration Litigation, Civil Division, Washington, DC, for the respondents.