United States Sixth Circuit

Petition for review of an order denying petitioner's motion for reconsideration of a dismissal of his appeal as untimely is granted and the matter remanded for further proceedings where the BIA abused its discretion by denying its authority to consider whether the circumstances presented by petitioner were "extraordinary or unique" as a basis for extending the deadline for his notice of appeal.

Appellate Information

• Decided 01/31/2008
• Published 01/31/2008

Judges

• Before:  KENNEDY, MARTIN, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Jamie B. Naini, Law Offices of Jamie B. Naini, Bartlett, Tennessee, for Petitioners.  John G. Amaya, United States Department of Justice, Washington, D.C., for Respondent.