United States Ninth Circuit

In a petition for review of a Board of Immigration Appeals (BIA) order denying as untimely petitioner's motion to reopen his immigration removal proceedings, the petition is denied where a removal order that grants voluntary departure becomes final upon the earlier of: 1) a BIA determination affirming the order; or 2) the expiration of the deadline to seek the BIA's review of the order, and not upon overstay of the voluntary departure period.

Appellate Information

• Decided 12/14/2010
• Published 12/14/2010

Judges

• Thomas F. Hogan

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Amy M. Spicer, Kate Deboer Balaban