United States Ninth Circuit

When the BIA uses regular mail to meet its regulatory obligation to serve its decisions on aliens, the BIA's factual finding that its decision was properly mailed to the alien's address of record precludes alien's claim that he did not actually receive the decision for purposes of his motion to reopen.

Appellate Information

• Argued 05/17/2006
• Decided 11/28/2006
• Published 11/28/2006

Judges

• Before:  ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and FREDERIC BLOCK, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Inna Lipkin, Law Office of Kuldip S. Dhariwal, Fremont, CA, for the petitioner., Trina Realmuto and Beth Welin, for Amici Curiae American Immigration Law Foundation, Northwest Immigrant Rights Project, and the Lawyers' Committee for Civil Rights of the San Francisco Bay Area.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Jeffrey J. Bernstein, Senior Litigation Counsel, Benedetto Giliberti, Attorney, and Joan Smiley (argued), Attorney, United States Department of Justice, Washington, DC, for the respondent.