United States Ninth Circuit

The BIA erred in dismissing an appeal when the petitioner dutifully followed all regulations and procedures pertaining to filing his Notice of Appeal, but the BIA itself deprived him of the opportunity to timely file his brief by sending the briefing schedule and transcripts of proceedings to the wrong address. (Amended opinion)

Appellate Information

• Argued 06/12/2003
• Decided 08/15/2003
• Published 03/26/2004

Judges

• Before: GRABER, WARDLAW, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jonathan M. Kaufman, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Laura L. Flippin and Marion E. Guyton, United States Department of Justice, Civil Division, Washington, DC, for the respondent.