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Petition to Review BIA's Denial of Motion to Reopen Denied

By FindLaw Staff on July 21, 2010 3:33 PM

Vega v. Holder, No. 07-72618, involved a petition for review of a decision of the Board of Immigration Appeals (BIA) denying petitioner's motion to reopen as untimely.  The court of appeals denied the petition on the ground that, to be timely, the motion to reopen had to be filed within 90 days of the BIA's initial merits determination, not within 90 days of the denial of petitioner's motion to reconsider.

As the court wrote:  "Juan Soria Vega petitions for review of the decision of the Board of Immigration Appeals (BIA) denying his motion to reopen as untimely. Soria Vega asserts that although his motion was not filed within 90 days of the BIA's merits determination, the motion to reopen was filed within 90 days of the denial of his motion to reconsider and was therefore timely. The Attorney General contends that, to be timely, the motion to reopen had to be filed within 90 days of the BIA's initial merits determination, not within 90 days of the denial of his motion to reconsider. We agree with the Attorney General."

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