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DELA CRUZ v. MUKASEY

Nos. 05-76564, 06-75285.

532 F.3d 946 (2008)

Diego Antigua DELA CRUZ, Jr.; Nieva Espiritu Dela Cruz, Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 9, 2008.

Attorney(s) appearing for the Case

Ted Laguatan, Law Offices of Ted Laguatan and Associates, Daly City, CA, for the petitioners.

Don G. Scroggin and Robert N. Markle, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for the respondent.

PER CURIAM Opinion; Concurrence by Judge GRABER.

PER CURIAM:

In Stone v. INS, 514 U.S. 386, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995), the Supreme Court held that the filing of a motion to reopen or reconsider before the Board of Immigration Appeals ("BIA") does not toll the statutory time limit for filing a petition for review in the courts of appeals. Today, we hold that the reverse is also true: The filing of a petition for review in this court does not toll the statutory time...

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