· 5/2/2005
Kyu O. Oh v. Alberto Gonzales, Attorney General
Citations
- 406 F.3d 611
- 2005 WL 1006018
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the BIA's appeal deadlines are \subject to exceptions in 'rare circumstances' even when the notice of appeal does not actually arrive before the deadline\
- granting and remanding where the appeal was late due to an Airborne Express error, and where the BIA’s denial was “predicated entirely on its misconstruction of the jurisdictional nature of its own filing deadline”
- explaining how the BIA may, in “rare circumstances” excuse late filings
- “On its face, [petitioner’s use of [an] overnight delivery service! ] ... would appear to qualify her for relief from late filing as a unique or rare circumstance.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Fletcher, Fisher
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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