Legal Opinion
Magtanong v. Gonzales
Court of Appeals for the Ninth Circuit
Decided July 23, 2007No. 07-70019PublishedCited by 18 opinions
1Opinion of the Court
ORDER
2Per curiam
Petitioner Israel Vianzon Magtanong, a native and citizen of the Philippines, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen or reconsider removal proceedings. We consider whether Magtanong’s petition for review may be deemed timely filed.
A petition for review “must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252(b)(1). Magtanong’s attorney used the carrier DHL to send the petition for review by overnight delivery 29 days after the final order of removal, but the petition did not arrive and was not…
3Cases cited4 opinions
- Bowles v. RussellSupreme Court of the United States · 2007
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
- United States v. Philip Martin SadlerCourt of Appeals for the Ninth Circuit · 2007
- Alexei Sheviakov Tatiana Zakhartchenk O v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
4Cited by18 opinions
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- Alejandro Ortiz-Alfaro v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2012
- Grullon v. MukaseyCourt of Appeals for the Second Circuit · 2007
- Singh v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- Jose Alonso-Juarez v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2023
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