Page:United States Reports, Volume 542.djvu/127

88 No. 02–1809.

Held:

1. The Court rejects respondents' contention that the Director's certiorari petition was jurisdictionally untimely under 28 U.S.C. § 2101(c) and this Court's Rule 13.3. Section 2101(c) instructs that a petition must be ﬁled "within ninety days after the entry of judgment," and this Court's Rule 13.3 elaborates on that statute's instruction. More than 90 days elapsed between the date the Ninth Circuit first entered judgment and the date the Director's petition was filed. That time lapse, respondents assert, made the filing untimely under Rule 13.3's ﬁrst sentence: "[T]he time to ﬁle runs from the date of entry of the judgment or order sought to be reviewed." Moreover, respondents submit, because no party petitioned for rehearing, the extended filing periods prescribed by the Rule's second sentence never came into play. This case, however, did not follow the typical course. The Ninth Circuit, on its own initiative, had recalled its mandate and ordered the parties to brief the question whether the case should be reheard en banc. That order, this Court holds, suspended the judgment's finality