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KEO CHAN v. GONZALES

No. 04-1937.

413 F.3d 161 (2005)

Sam Neang KEO CHAN, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided July 1, 2005.

Attorney(s) appearing for the Case

Martin J. McNulty on brief for petitioner.

Kevin M. Laden, Attorney, United States Department of Justice, Civil Division, Office of Immigration Litigation, Peter D. Keisler, Assistant Attorney General, Civil Division, and Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, on brief for respondent.

Before TORRUELLA, SELYA, and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

This case raises one new question of immigration law: does the issuance by this court of a stay of removal pending judicial review of a denial of asylum itself toll the 90-day deadline established by statute for an alien to file a motion to the BIA to reopen its prior determination? The answer is plainly no.

In her second visit to this court,1 Sam Neang Keo Chan ("Keo Chan") petitions for review of the denial...

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