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STONE v. INS

No. 93-1199.

514 U.S. 386 (1995)

115 S.Ct. 1537

131 L.Ed.2d 465

STONE v. IMMIGRATION AND NATURALIZATION SERVICE

Supreme Court of United States.

Decided April 19, 1995.

Attorney(s) appearing for the Case

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.

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, p. 406.

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...

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