United States Ninth Circuit

In a petition for review of the BIA's denial of petitioner's motion to reconsider its rejection of petitioner's appeal as being untimely filed, the petition is denied where 8 C.F.R. section 1003.38(b) is ambiguous regarding the BIA's jurisdiction to consider late filings, and the BIA's interpretation barring petitioner's filing was not plainly erroneous or inconsistent with the language of the regulation.

Appellate Information

• Argued 04/15/2009
• Decided 09/29/2009
• Published 09/29/2009

Judges

• Before: EUGENE E. SILER, JR.,ANDREW J. KLEINFELD and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles E. Nichol, Law Offices of Charles E. Nichol, San Francisco, CA, for the petitioner.


• For Appellees:
  
• Charles Canter & Ronald E. LeFevre, U.S. Department of Justice, Washington, DC, for the respondent.