United States Ninth Circuit

Petition for review of a dismissal of Iranian native's appeal from an IJ's denial of a motion to reopen is denied where: 1) a January 31, 2000 ruling was an "order of deportation," despite the fact that it granted him protection under CAT and ordered deferral of his deportation; 2) thus, the order became final upon expiration of the 90 days petitioner had to appeal; and 3) the IJ correctly concluded that petitioner's motion to reopen was subject to the time limitations set forth in 8 C.F.R. section 1003.23(b)(1), and was untimely.

Appellate Information

• Argued 02/15/2008
• Decided 04/28/2008
• Published 04/28/2008

Judges

• LARSON, District Judge:, Before:  WILLIAM C. CANBY, JR., and MILAN D. SMITH, JR., Circuit Judges, and STEPHEN G. LARSON, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Homayun F. Zadeh, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Anh-Thu P. Mai and Liza S. Murcia, United States Department of Justice, Civil Division, Office of Immigration Litigation, Washington, D.C., for the respondent.