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SIMTION v. ASHCROFT

No. 03-2446.

393 F.3d 733 (2004)

Raducu SIMTION, Petitioner, v. John ASHCROFT, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Richard H. Trais (argued), Chicago, IL, for Petitioner.

George P. Katsivalis, Department of Homeland Security Office of the District Counsel, Chicago, IL, Terri J. Scadron, Joshua E. Braunstein (argued), Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before POSNER, ROVNER, and WOOD, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

After weaving a procedural web that dates back to 1992, Raducu Simtion now seeks review of an August 2002 decision of the Board of Immigration Appeals ("BIA"). But we lack jurisdiction to review that decision because Simtion did not timely file his petition for review. Instead, he filed with the BIA a "motion to reopen," which the BIA denied in April 2003. Simtion's May 2003 petition for review is timely to challenge only the BIA...

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