context: At best, however, Otarola stands for the proposition that a party will not be permitted to exploit procedural mechanisms to secure the application of more favorable law.
citation_a.signal: see also
citation_a.parenthetical: upholding the BIA's decision refusing to reopen a suspension proceeding where the aliens had filed frivolous appeals in order to accrue seven years of continuous residence
citation_a.sentence: See Otarola, 270 F.3d at 1276 (“Allowing the INS to appeal a correct IJ decision on a frivolous, non-discretionary procedural ground in order to avail itself of the stop-time rule would undermine clear Congressional intent to enact a 180-day delay period [before the effective date of IIRIRA].”); see also INS v. Rios-Pine-da, 471 U.S. 444, 452, 105 S.Ct. 2098, 85 L.Ed.2d 452 (1985) (upholding the BIA’s decision refusing to reopen a suspension proceeding where the aliens had filed frivolous appeals in order to accrue seven years of continuous residence).
citation_b.signal: see
citation_b.identifier: 270 F.3d 1276, 1276
citation_b.parenthetical: "Allowing the INS to appeal a correct IJ decision on a frivolous, non-discretionary procedural ground in order to avail itself of the stop-time rule would undermine clear Congressional intent to enact a 180-day delay period [before the effective date of IIRIRA]."
citation_b.sentence: See Otarola, 270 F.3d at 1276 (“Allowing the INS to appeal a correct IJ decision on a frivolous, non-discretionary procedural ground in order to avail itself of the stop-time rule would undermine clear Congressional intent to enact a 180-day delay period [before the effective date of IIRIRA].”); see also INS v. Rios-Pine-da, 471 U.S. 444, 452, 105 S.Ct. 2098, 85 L.Ed.2d 452 (1985) (upholding the BIA’s decision refusing to reopen a suspension proceeding where the aliens had filed frivolous appeals in order to accrue seven years of continuous residence).