Ocampo v. Holder, No. 06-71848 - U.S. Ninth Circuit
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Ocampo v. Holder, No. 06-71848

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.

As the court wrote:  "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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