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024094P.pdf   07/22/2004  Vitalik Boudaguian  v.  John D. Ashcroft
   U.S. Court of Appeals Case No:  02-4094
   Agency   
Petition for Review - Immigration. An order denying relief from removal or deportation is final when issued and must be appealed within the statutorily prescribed period; the filing of a motion to reopen and reconsider does not toll the time for filing a petition for review; because the petitioners did not file a timely petition for review of the underlying order on their asylum claim, the only issue before the court was whether the BIA abused its discretion in denying the motion to reopen or reconsider; BIA did not abuse its discretion in denying motion to reopen or reconsider. [PUBLISHED] [Loken, Author, with Bowman and Wollman, Circuit Judges]