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Stone Vs. Ins
Cites for this judgment
- US Supreme Court
- Apr 19, 1995
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U.S. 386 (1995) October Term, 1994 Syllabus Stone V. ImmigrationSearch
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The timely filing of a motion to reconsider renders the underlying order nonfinal for purposes of judicial review. ICC v. LocomotiveSearch
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We granted certiorari, 511 U. S. 1105 (1994), to resolve a conflict among the Circuits on the question, compare Akrap v. INSSearch
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F.2d 267 , 271 (CA7 1992), and Nocon v. INSSearch
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motion does not toll the statutory time limit for seeking review of a deportation order), with Fleary 390 v. INSSearch
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F.2d 711 , 713 (CAll 1992), Pierre v. INSSearch
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F. 2d 418, 421 (CA5 1991) (per curiam), Attoh v. INSSearch
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F. 2d 1273, 1275, n. 15 (CADC 1979), and Bregman v. INSSearch
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the timeliness of a review petition where there is a motion to reconsider or reopen an agency's order in ICC v. LocomotiveSearch
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of that longstanding construction of the AP A language, we cited dicta in two earlier cases, American Farm Lines v. BlackSearch
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CAB v. DeltaSearch
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Air Lines, Inc., 367 U. S. 316 , 326-327 (1961), and the holding in Outland v. CABSearch
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United Transportation Union v. ICCSearch
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Bellsouth Corp. v. FCCSearch
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Hyun Joon Chung v. INSSearch
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Yamada v. INSSearch
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support of our construction in Locomotive Engineers, has so held in the years following our decision. See Wade v. FCCSearch
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of jurisdiction, whether the Rule 59 motion is filed before or after the notice of appeal. See Griggs 397 v. ProvidentSearch
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Congress acts to amend a statute, we presume it intends its amendment to have real and substantial effect. See Reiter v. SonotoneSearch
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Moskal v. UnitedSearch
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pendency of an appeal does not affect the district court's power to grant Rule 60 relief. See Standard Oil Co. of Cal. v. UnitedSearch
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a court for judicial review of an adverse agency decision. For these reasons, I dissent. This Court, in ICC v. LocomotiveSearch
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decision, an appeal from which it could then consolidate with the initial appeal. See, e. g., Gebremichael v. INSSearch
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United States v. TheSearch
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F. Cas. 979, 982 (No. 15,612) (CC Va. 1818) (Marshall, C. J., Circuit Justice), quoted in Republic Nat. Bank of Miami v. UnitedSearch
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Landis v. NorthSearch
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over which it has original jurisdiction). The precedential problem, in the majority's view, arises out of Griggs v. ProvidentSearch
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rule set forth in Rule 4(a)(4). Wade v. FCCSearch
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see also Losh v. BrownSearch
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Vet. App. 87, 89 (1993). But see Berroteran-Melendez v. INSSearch
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Lozada v. INSSearch
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a) as eliminating the tolling rule. See, e. g., Shalala v. GuernseySearch
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Chevron U. S. A. Inc. v. NaturalSearch
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different times. Compare Brief for Respondent 13-17 (arguing that the regulation embodies a no-tolling rule) with Chu v. INSSearch
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motion makes the initial order nonfinal, and thereby implies tolling). See, e. g., Thomas Jefferson Univ. v. ShalalaSearch
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Syllabus Stone V. ImmigrationSearch
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ICC v. LocomotiveSearch
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Akrap v. INSSearch
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and Nocon v. INSSearch
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Pierre v. INSSearch
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Attoh v. INSSearch
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and Bregman v. INSSearch
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American Farm Lines v. BlackSearch
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Outland v. CABSearch
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See Wade v. FCCSearch
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See Reiter v. SonotoneSearch
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