Firmansjah v. Ashcroft

By In the United States Court of Appeals for the Seventh Circuit

Release Date: 2003-10-17
Genre: Law

Description

On April 9, 2003, the Board of Immigration Appeals affirmed an order for the removal from the United States of Yulia Firmansjah. She had 30 days from the orders issuance to seek judicial review, see 8 U.S.C. Â§1252(b)(1), and that time passed without action. Contending that he had not received the decision until June 5, 2003, Firmansjahs lawyer asked the Board to enter a new order. The Board accommodated that request and on August 6, 2003, "reissued" its decision. The new order states that the Boards decision "shall be treated as entered as of todays date." Firmansjah then filed a petition for review, which is timely only if the clock started anew on August 6. Because the Board did not explain the source of its authority to attach a new date to an old decision, a step that substantially increased Firmansjahs time to obtain judicial review, we directed the parties to file memoranda addressing the question whether we have jurisdiction.

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