Stone v. INS, 514 U.S. 386, 3 (1995)

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388

STONE v. INS

Opinion of the Court

wards—has no analogue at all in the appellate court-district court context. Pp. 401-406. 13 F. 3d 934, affirmed.

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Thomas, and Ginsburg, JJ., joined. Breyer, J., filed a dissenting opinion, in which O'Connor and Souter, JJ., joined, post, p. 406.

Alan B. Morrison argued the cause for petitioner. On the briefs was David Eric Funke.

Beth S. Brinkmann argued the cause for respondent. With her on the brief were Solicitor General Days, Assistant Attorney General Hunger, and Deputy Solicitor General Kneedler.

Justice Kennedy delivered the opinion of the Court. We consider whether the filing of a timely motion for reconsideration of a decision by the Board of Immigration Appeals tolls the running of the 90-day period for seeking judicial review of the decision.

I

Petitioner, Marvin Stone, is a citizen of Canada and a businessman and lawyer by profession. He entered the United States in 1977 as a nonimmigrant visitor for business and has since remained in the United States.

On January 3, 1983, Stone was convicted of conspiracy and mail fraud, in violation of 18 U. S. C. 371 and 1341. He served 18 months of a 3-year prison term. In March 1987, after his release, the Immigration and Naturalization Service (INS) served him with an order to show cause why he should not be deported as a nonimmigrant who had remained in the United States beyond the period authorized by law. In January 1988, after a series of hearings, an Immigration Judge ordered Stone deported. The IJ concluded that under the regulations in effect when Stone entered the United States, an alien on a nonimmigrant for business visa

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