Legal Opinion

Sarmiento v. Holder

Court of Appeals for the Seventh Circuit

Decided May 21, 2012No. 18-2327PublishedCited by 11 opinions

1Opinion of the Court

TINDER, Circuit Judge.

An alien subject to an order of removal has 90 days from the entry of a final administrative order of removal to seek to reopen the removal proceedings. The question presented in this case is whether the filing of a motion to reconsider an order of removal tolls that 90-day period until a ruling is made on a motion to reconsider. An Immigration Judge ordered removal for Leonida and Romeo Sarmiento after refusing to adjust their status to permanent residents, and the Board of Immigration Appeals dismissed their appeal. The Sarmientos moved the Board for reconsideration,…

2Cases cited26 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  3. Sukhraj Kaur v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2005
  4. Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
  5. Gary Laguerre v. Janet Reno, Jose, Martin Avelar-Cruz v. Janet RenoCourt of Appeals for the Seventh Circuit · 1999

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3Cited by11 opinions

  1. Our Country Home Enterprises, Inc. v. CommissionerCourt of Appeals for the Seventh Circuit · 2017
  2. Husni El-Gazawy v. Eric Holder, Jr.Court of Appeals for the Seventh Circuit · 2012
  3. Petar Yusev v. Jeff SessionsCourt of Appeals for the Seventh Circuit · 2017
  4. Roberto Cruz-Mayaho v. Eric HolderCourt of Appeals for the Seventh Circuit · 2012
  5. Asim Chaudhry v. Eric Holder, Jr.Court of Appeals for the Seventh Circuit · 2013

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