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SARMIENTO v. HOLDER

No. 11-2841.

680 F.3d 799 (2012)

Leonida M. SARMIENTO and Romeo L. Sarmiento, Petitioners, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 2012.

Attorney(s) appearing for the Case

Shannon M. Shepherd (argued), Attorney, Immigration Attorneys, LLP, Chicago, IL, for Petitioners.

Genevieve Holm , OIL, Siu P. Wong , (argued), Attorneys, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent.

Before POSNER, SYKES and TINDER, Circuit Judges.

TINDER, Circuit Judge.

An alien subject to an order of removal has 90 days from the entry of a final administrative order of removal to seek to reopen the removal proceedings. The question presented in this case is whether the filing of a motion to reconsider an order of removal tolls that 90-day period until a ruling is made on a motion to reconsider. An Immigration Judge ordered removal for Leonida and Romeo Sarmiento after refusing to adjust their status to permanent...

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