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LABOSKI v. ASHCROFT

No. 03-3130.

387 F.3d 628 (2004)

Eftin LABOSKI, Petitioner, v. John D. ASHCROFT, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Godfrey Y. Muwonge, Milwaukee, WI, for Petitioner.

George P. Katsivalis, Department of Homeland Security, Office of the District Counsel, Chicago, IL, Aviva L. Poczter, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before FLAUM, Chief Judge, and POSNER and ROVNER, Circuit Judges.

FLAUM, Chief Judge.

Petitioner Eftin Laboski, a citizen of Macedonia, petitions this Court for review of an order of the Board of Immigration Appeals ("BIA"), denying his motion for reconsideration of the dismissal of his administrative appeal. The BIA dismissed the appeal on the ground that it was untimely. The government now seeks dismissal of Laboski's petition for lack of subject matter jurisdiction, or in the alternative, summary affirmance of the BIA's decision...

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