Soria Vega v. Holder (PUB)
July 19, 2010
**Final administrative order of removal, MTRec**
Soria Vega’s argument that his motion to reopen was timely because it was filed within 90 days of the BIA’s denial of his motion to reconsider fails. A “final administrative order of removal “ is not defined by the statute. While he maintains that the denial of the motion to reconsider qualifies as “a final administrative order of removal,” only an order of removal entered upon a decision by the BIA on the merits of the alien’s case is a “final administrative order of removal.” This definition excludes a denial of a motion to reconsider.
http://www.ca9.uscourts.gov/datastore/opinions/2010/07/19/07-72618.pdf
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