YUAN GAO v. MUKASEY

No. 06-4431.

519 F.3d 376 (2008)

YUAN GAO, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 2008.


Attorney(s) appearing for the Case

Yongbing Zhang (argued), Wang, Leonard & Condon, Chicago, IL, for Petitioner.

John W. Blakeley (argued), Department of Justice Civil Division, Immigration Litigation, Washington, D.C., for Respondent.

Before POSNER, WOOD, and EVANS, Circuit Judges.


POSNER, Circuit Judge.

This proceeding to review the denial of asylum has a tangled history unnecessary to recount. The only issue we need resolve is whether the Board of Immigration Appeals erred in dismissing, as untimely, the petitioner's appeal from the immigration judge's denial of his motion to reopen the asylum proceeding. He had 90 days to move to reopen, 8 C.F.R. § 1003.23(b)(1), but did not file his motion until the 106th day. He argues that his delay...

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