Friday, April 8, 2011

Reinstatement removal order: Tapia-Lemos v. Holder (7th Cir., April 7, 2011)

The Seventh Circuit dismissed petitioner’s petition for review from a reinstatement removal order finding that petitioner had failed to file within the statutorily required 30 days after the reinstatement was entered. 8 U.S.C. § 1252(b)(1).  The Court rejected petitioner’s argument that the 30 days should run from the date the removal order was received.  The Court further rejected petitioner’s arguments that the Court’s denial of a stay on January 18, 2011 be treated as either a new removal order or as a denial of a motion to reopen, triggering a new filing deadline.

Read the opinion here.
EASTERBROOK, Coffey, Rovner
http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=11-1386_001.pdf

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