Sergey Zayets v. John Ashcroft, Attorney General United States (BIA No. A73-054-920) Present: Ambro,…

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
January 28, 2005
No. 03-4398
Sergey Zayets,
Petitioner
v.
John Ashcroft, Attorney General United States
(BIA No. A73-054-920)
Present: Ambro, Van Antw erpen, Circuit Judges and Shadur, District Judge
1) Motion by Petitioner to Amend or Revise the Court’s Opinion
of December 30, 2004.
/s/ Shannon L. Craven
Judgement and Opinion filed 12/30/04. Case Manager 267-299-4959
ORDER
The foregoing Motion to Amend or Revise the Court’s Opinion of December 30, 2004 is hereby
granted. The second sentence in the sixth paragraph of the opinion will be revised to read, as follows:
“In that motion, Petitioner alleged that he had not learned until “early 2002” that his appeal to the BIA
from the IJ’s original decision had been dismissed.” The fourth sentence in footnote 1 of the opinion
will be revised to read, as follows: “Even if it were, and even if § 240(c)(6)(A) were subject to
equitable tolling, it is likely that Petitioner could have enjoyed such tolling only through “early 2002,”
when he learned of his dismissed appeal and one would presume that he should have learned of the
related alleged misconduct of his attorney.”
By the Court,
/s/ Franklin S. Van Antwerpen
Circuit Judge
Dated: January 31, 2005

-- 1 of 1 --