Legal Opinion

Alexei Sheviakov Tatiana Zakhartchenk O v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided January 26, 2001No. 99-70743PublishedCited by 29 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

We address here when a paper is “received” by the clerk for purposes of fifing, under Federal Rule of Appellate Procedure 25.

FACTS

In substance this is an asylum case, but our decision on the substantive claim is stated in a memorandum disposition filed concurrently with this opinion. This opinion deals only with a procedural aspect.

This petition for review had to be “filed” within 30 days of the final deportation order. The deadline was June 23, 1999. The clerk did not stamp the document “filed” until June 24,1999.

Petitioner’s lawyer used the United States Postal…

2Cases cited6 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. United States v. LombardoSupreme Court of the United States · 1916
  3. Fallen v. United StatesSupreme Court of the United States · 1964
  4. Aliakbar Karimian-Kaklaki, Kobra Safari, Reza Karimian-Kaklaki v. Immigration and Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1993
  5. Mastag Garabed Haroutunian, AKA Ohannes Sassonian AKA Matsak Haroutunian AKA Matsag Haroutunian v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1996

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3Cited by29 opinions

  1. Magtanong v. GonzalesCourt of Appeals for the Ninth Circuit · 2007
  2. Arturo Barrientos v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  3. Fielder v. Board of County CommissionersMontana Supreme Court · 2007
  4. Sasetharan Arulampalam v. Alberto Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  5. Portillo v. GonzalesCourt of Appeals for the Ninth Circuit · 2005

24 more not listed; retrieve them via the Exa API.

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