BIA’s Order Dismissing Motion to Reopen as Untimely Affirmed

In Ocampo v. Holder, No. 06-71848, a petition for review of a Board of Immigration Appeals (BIA) order denying as untimely petitioner’s motion to reopen his immigration removal proceedings, the court denied the petition where a removal order that grants voluntary departure becomes final upon the earlier of: 1) a BIA determination affirming the order; or 2) the expiration of the deadline to seek the BIA’s review of the order, and not upon overstay of the voluntary departure period.

Related Resources

  • Read the Ninth Circuit’s Decision in Ocampo v. Holder, No. 06-71848

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