United States Second Circuit

Plaintiff's petition for review is granted where the Board of Immigration Appeals erred in failing to consider whether Airborne Express's failure to deliver his notice of appeal overnight constituted "extraordinary or unique circumstances."

Appellate Information

• Decided 08/25/2005
• Published 08/26/2005

Judges

• SACK, Circuit Judge., Before:  FEINBERG, CARDAMONE, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bruno Joseph Bembi, Hempstead, NY, for Petitioner.


• For Appellees:
  
• George S. Cardona, Chief Assistant United States Attorney for the Central District of California (Debra W. Yang, United States Attorney, of counsel), Los Angeles, CA, for Respondent.