Legal Opinion
Dela Cruz v. Mukasey
Court of Appeals for the Ninth Circuit
Decided July 9, 2008No. 05-76564, 06-75285PublishedCited by 22 opinions
1Opinion of the Court
PER CURIAM Opinion; Concurrence by Judge GRABER.
2Per curiam
In Stone v. INS, 514 U.S. 386, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995), the Supreme Court held that the filing of a motion to reopen or reconsider before the Board of Immigration Appeals (“BIA”) does not toll the statutory time limit for filing a petition for review in the courts of appeals. Today, we hold that the reverse is also true: The filing of a petition for review in this court does not toll the statutory time limit for filing a motion to reopen before the BIA.
Petitioners Diego Antigua Déla Cruz, Jr., and his wife, Nieva Espíritu Déla…
3Cases cited10 opinions
- Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
- Gerardo Bibiano Falcon Carriche Theresa v. De Falcon Carriche and Christina Pamela Falcon Bibiano v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Maria Martinez-Rosas v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Jose Cruz Romero-Torres v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
- Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
5 more not listed; retrieve them via the Exa API.
4Cited by22 opinions
- Camara v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2009
- Ocampo v. HolderCourt of Appeals for the Ninth Circuit · 2010
- Barragan v. MukaseyCourt of Appeals for the Ninth Circuit · 2009
- Barragan v. MukaseyCourt of Appeals for the Ninth Circuit · 2009
- Cedillo v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
17 more not listed; retrieve them via the Exa API.