United States Ninth Circuit

Petition for review of a denial of petitioner's motion to reissue a previous BIA opinion after petitioner alleged that he did not receive a copy of the opinion within the appeals period is granted where the BIA did not address the effect of petitioner and counsel's affidavits of nonreceipt on the BIA's presumption of mailing.

Appellate Information

• Argued 05/17/2006
• Decided 07/19/2007
• Published 07/19/2007

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.