United States Ninth Circuit

A denial of petitioners' motion for leave to file a late brief and denial of their application for cancellation of removal is remanded for reconsideration as the BIA's order did not offer "some reasoned explanation" for denying the motion for leave to file a late brief, which was based on a claim that the brief was late due to a mail carrier's failure to deliver the notice of the briefing schedule to the correct address.

Appellate Information

• Decided 08/21/2007
• Published 08/21/2007

Judges

• Before:  DIARMUID F. O'SCANNLAIN, HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Susan E. Hill, Hill, Piibe & Villegas, Los Angeles, CA, for the petitioners.


• For Appellees:
  
• Peter D. Keisler, M. JocelynLopez Wright, and Andrew B. Insenga, Office of Immigration Litigation, Department of Justice, Washington, DC, for the respondent.