United States Sixth Circuit

Petition for review of immigration judge's decision is untimely where notice of appeal is not received by the Board of Immigration Appeals clerk until one day after the 30 calendar day filing period expired, under 8 CFR 3.38(b), (c), and (d)(2)(F).

Appellate Information

• Decided 04/04/2001
• Published 04/04/2001

Judges

• Before NORRIS and DAUGHTREY, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Behzad Ghassemi, argued and briefed, Law Office of Behzad Ghassemi, Lansing, MI, for Petitioners.


• For Appellees:
  
• Francesco Isgro, briefed, Norah Ascoli Schwarz, argued and briefed, John J. Andre, Francis W. Fraser, U.S. Dept. of Justice, Immigration Litigation, Civil Division, Washington, DC, for Respondent.