Wednesday, February 21, 2007

Sieprawski (not precedential): Potential Late Petition For Review If BIA Violated Regulations

Sieprawski v. Gonzales, No. 05-4227 (3d Cir. Feb. 21, 2007) (not precedential) notes that if there is proof the BIA failed to obey its regulations to mail out its decision to the proper address on file, you can file a petition for review more than 30 days after the BIA's defective mailing. In this case, though, there was no proof the BIA violated its rules. And if the post office lost the mailing then, well, I guess the BIA says the injustice falls completely against the immigrant. Seems like an extremely harsh and unsympathetic attitude by the BIA.


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