United States Eighth Circuit

Petition for review of BIA's dismissal of administrative appeal as untimely by one day is denied where: 1) the BIA did not abuse its discretion in refusing to certify the case due to a courier's failure to meet its contractual commitment of next-day delivery; and 2) BIA's filing deadline and self-certification procedure without forgiving overnight delivery delays did not violate due process in depriving alien appellants a meaningful opportunity to be heard.

Appellate Information

• Decided 03/14/2008
• Published 03/14/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew M. Armbrecht, argued, Jerzy T. Guzior, on brief, Minneapolis, MN, for Petitioner.


• For Appellees:
  
• Michele Y.F. Sarko, OIL, USDOJ, argued, Washington DC, for Respondent.