Stone v. Immigration & Naturalization Service

1995-04-19

Headline: Deadline ruling says filing a motion to the immigration board does not pause the 90‑day deadline for appealing deportation orders, making timely court appeals essential for noncitizens facing removal.

Holding: The Court held that filing a timely motion to reopen or reconsider with the Board of Immigration Appeals does not toll the 90‑day period to seek judicial review, so appeals must be filed within 90 days of the deportation order.

Real World Impact:

Requires noncitizens to file court appeals within 90 days of deportation order.
Discourages using reconsideration alone to delay deportation without filing an appeal.
Courts will consolidate separate appeals of deportation and reconsideration denials.

Topics: deportation appeals, immigration procedure, judicial review deadlines, motion to reconsider

Summary

Background

Marvin Stone, a Canadian businessman and lawyer, faced deportation after a 1983 conviction for conspiracy and mail fraud and an immigration judge ordered his removal. The Board of Immigration Appeals affirmed that order on July 26, 1991. Stone filed a Motion to Reopen and/or Reconsider in August 1991; the BIA denied that motion on February 3, 1993. Stone then sought review in the Sixth Circuit in early 1993, which dismissed review of the July 1991 order as untimely because the petition was filed more than 90 days after the BIA decision.

Reasoning

The Supreme Court considered whether filing a timely motion for reconsideration with the Board pauses the 90‑day period to seek judicial review. The majority interpreted the 1990 amendment to the Immigration and Nationality Act (the consolidation provision, 8 U.S.C. §1105a(a)(6)) as showing Congress intended deportation orders to remain final when issued and for separate reviews to be consolidated if both reach the courts. Emphasizing Congress’s goal of faster review and reduced delaying tactics, the Court concluded a reconsideration motion does not toll the 90‑day filing period. Because Stone’s petition was filed beyond 90 days after the July 26, 1991 decision, the Court held the court of appeals lacked jurisdiction to review that order and affirmed.

Real world impact

Noncitizens facing deportation must file a court petition within 90 days of a final deportation order even if they later ask the Board for reconsideration. Filing a reconsideration motion alone will not preserve the 90‑day appeal deadline. The ruling reduces some incentives to use repeated administrative filings to delay removal and directs courts to consolidate separate appeals when both are filed.

Dissents or concurrances

Justice Breyer (joined by Justices O’Connor and Souter) dissented, arguing prior decisions like Locomotive Engineers support tolling and warning the majority’s rule adds complexity and risks unfair loss of appeal rights.