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Appellate Advocacy Keyed to Meador, 2nd Ed.
Stone v. Immigration and Naturalization Service
Citation:
514 U.S. 386 (1995)Facts
Marvin Stone, a Canadian citizen, entered the United States in 1977 as a nonimmigrant visitor for business and remained in the country without seeking extensions of his stay. In 1983, he was convicted of conspiracy and mail fraud, serving 18 months of a 3-year prison term. In 1987, the INS initiated deportation proceedings against him. An Immigration Judge ordered Stone deported in January 1988, finding he had remained in the U.S. beyond his authorized period and that his criminal conviction barred him from establishing “good moral character” required for suspension of deportation. The BIA affirmed this decision on July 26, 1991. Stone filed a motion for reconsideration in August 1991, which the BIA denied as frivolous on February 3, 1993. Stone then petitioned the Sixth Circuit for review of both the original deportation order and the denial of reconsideration. The Sixth Circuit dismissed the petition regarding the original deportation order for lack of jurisdiction, holding that the reconsideration motion did not toll the 90-day filing period for seeking judicial review.
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