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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.