United States Eighth Circuit

Liberian citizen's petition for review of an order of removal is denied over claims that: 1) the BIA's determination that his appeal was untimely was erroneous; 2) the BIA abused its discretion by determining that there were no "unique circumstances" that justified an exception despite the appeal being untimely; 3) the BIA's regulations regarding timing and delivery of appeals violated his due process rights; and 4) his equal protection rights were violated by a requirement that notices of appeal be filed only in Virginia.

Appellate Information

• Decided 08/24/2007
• Published 08/24/2007

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and COLLOTON Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marc Prokosch, argued, Bloomington, MN, for appellant.


• For Appellees:
  
• Andrew Oliveira, argued, Richard M. Evans, on the brief, U.S. Dept. of Justice, Washington, DC, for appellee.