Legal Opinion

Ocampo v. Holder

Court of Appeals for the Ninth Circuit

Decided December 14, 2010No. 06-71848PublishedCited by 32 opinions

1Opinion of the Court

OPINION

HOGAN, Senior District Judge:

Ygnacio Ccayhuari Ocampo petitions for review of a Board of Immigration Appeals (“BIA”) order denying as untimely his motion to reopen his immigration removal proceedings. Because a removal order that grants voluntary departure becomes final upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA’s review of the order, and not upon overstay of the voluntary departure period, we hold that the BIA correctly determined that Ccayhuari’s motion to reopen was untimely. We therefore deny the petition.

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2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Ranjit Singh v. Immigration and Naturalization ServicesCourt of Appeals for the Ninth Circuit · 2002
  3. Marjorie Konda Lolong v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2007
  4. Pedro Garcia-Quintero v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  5. Singh v. GonzalesCourt of Appeals for the Ninth Circuit · 2007

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3Cited by32 opinions

  1. Tarlock Singh v. Eric Holder, Jr.Court of Appeals for the Ninth Circuit · 2014
  2. Pinto v. HolderCourt of Appeals for the Ninth Circuit · 2011
  3. Sarmiento v. HolderCourt of Appeals for the Seventh Circuit · 2012
  4. George Garcia v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
  5. Abdelouahab Boucherafa v. Warden, Mesa Verde Detention Facility, et al.District Court, E.D. California · 2026

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