Eftin Laboski v. John D. Ashcroft

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the BIA did not abuse its discretion in determining that the petitioner failed to timely appeal where he submitted no evidence (an affidavit or a postmark) to support his claim that the decision was not mailed on the date indicated on the cover letter
• “Courts have held in similar circumstances that a BIA decision is presumed to be mailed on the date of the transmittal letter, absent evidence to the contrary.”
• “Because the [Board of Immigration Appeals] had ample opportunity to consider [an asylum applicant’s] argument concerning the timeliness of his appeal, he did not fail to exhaust his administrative remedies on this issue, and it is properly before this Court.”
• “Because the [Board of Immigration Appeals] had ample opportunity to consider [an asylum applicant’s] argument concerning the timeliness of his appeal, he did not fail to exhaust his administrative remedies on this issue, and it is properly before this Court.”

Source: CourtListener parenthetical corpus (CC0).