Legal Opinion

Sandia Malvoisin, Petitioner/respondent v. Immigration and Naturalization Service, Respondent/movant

Court of Appeals for the Second Circuit

Decided October 3, 2001No. 2000PublishedCited by 75 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Sandia Malvoisin, a citizen of Haiti, petitions for a review of a deportation order issued by an immigration judge and affirmed by the Board of Immigration Ap peals (“BIA”). Malvoisin did not file her petition within the statutory deadline but argues that her failure to do so is excused because of extraordinary circumstances. The Immigration and Naturalization Service (“INS”) has moved to dismiss her petition for lack of jurisdiction. We conclude that we lack jurisdiction and grant the motion.

BACKGROUND

After concluding that Malvoisin had illegally entered and stayed in…

2Cases cited5 opinions

  1. Enrique Rafael Alberto Zaluski v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1994
  2. Paul W. Kessenich v. Commodity Futures Trading Commission, Rosenthal & Company v. Commodity Futures Trading Commission, Paul W. Kessenich, IntervenorCourt of Appeals for the D.C. Circuit · 1982
  3. Veljko Stajic, Also Known as William Mocus v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1992
  4. Mesa Airlines v. United StatesCourt of Appeals for the Tenth Circuit · 1991
  5. Robert Reich, Secretary of Labor, United States Department of Labor, in No. 92-3297 v. Occupational Safety and Health Review Commission and Erie Coke Corporation, Erie Coke Corporation, in No. 92-3313 v. Robert Reich, Secretary of Labor, United States Department of Labor, Occupational Safety and Health Review CommissionCourt of Appeals for the Third Circuit · 1993

3Cited by75 opinions

  1. Nuradin Ahmed v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  2. Ruiz-Martinez v. MukaseyCourt of Appeals for the Second Circuit · 2008
  3. Luna v. HolderCourt of Appeals for the Second Circuit · 2011
  4. De Ping Wang v. The Department of Homeland Security, the Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2007
  5. Franklin Antonio Moreno-Bravo v. Alberto R. GonzalesCourt of Appeals for the Second Circuit · 2006

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