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KANIVETS v. GONZALES

Nos. 03-3569, 03-4187 and 04-3164.

424 F.3d 330 (2005)

Oleg KANIVETS, Petitioner v. Alberto GONZALES, Attorney General of the United States, Respondent Oleg Kanivets, Appellee v. Bill Riley, as Regional Director Immigration and Customs Enforcement Department of Homeland Security, or his successor or Assigns; John Ashcroft, Attorney General of the United States, Appellant.

United States Court of Appeals, Third Circuit.

Filed September 7, 2005.

Attorney(s) appearing for the Case

Lawrence H. Rudnick (Argued), Steel, Rudnick & Ruben, Philadelphia, PA, for Appellee Oleg Kanivets.

Greg D. Mack (Argued), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for Appellant Bill Riley, as Regional Director Immigration and Customs Enforcement Department of Homeland Security, or His Successor or Assigns; John Ashcroft, Attorney General of the United States.

Before: SLOVITER, McKEE and WEIS, Circuit Judges.

OPINION

WEIS, Circuit Judge.

In this case the Board of Immigration Appeals denied a timely filed motion for rehearing on the ground that it was not decided until after the period for voluntary departure had elapsed. We conclude that the time allotted for departure is tolled pending a ruling on the motion and accordingly grant the petition for review.

Oleg Kanivets is a Russian Jew who is a citizen of Kyrgyzstan. He entered the United States...

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