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VALERIANO v. GONZALES

Nos. 03-72277, 03-74754.

474 F.3d 669 (2007)

Jose Alberto Valeriano, Petitioner, v. Alberto R. Gonzales, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2007.

Attorney(s) appearing for the Case

Victor D. Nieblas, Law Office of Victor D. Nieblas Pradis, Los Angeles, CA, for the petitioner.

Cindy S. Ferrier (argued), Shelley R. Goad (briefed), Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., for the respondent.

Before KLEINFELD and FISHER, Circuit Judges, and MILTON I. SHADUR, Senior District Judge.

KLEINFELD, Circuit Judge.

We decide that an alien who delays filing a motion to reopen under 8 C.F.R. § 1003.2(c)(1) while awaiting the government's response to his counsel's request to join the motion to reopen under 8 C.F.R. § 1003.2(c)(3)(iii) until the deadline is past is not entitled to equitable tolling.

Facts

Valeriano is a 34-year-old native and citizen of Mexico with three United States citizen children. He entered the United States...

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