Saturday, July 25, 2009

Makanast (Not Precedential): BIA Given Leeway To Conclude Lawyer's Mailing Did Not Include Motion For This Case

Makanast v. Holder
Not Precedential
http://www.ca3.uscourts.gov/opinarch/083031np.pdf
May 29, 2009
Judges Barry, Smith, and Hardiman. Per Curiam.

Hard to understand what is going on with this case, but the BIA is free to conclude that a mailing did not include the motion that Parsekian & Solomon filed for someone. The short description does not really explain what is happening. Maybe that law firm filed a motion in a case for a different client and it suggests they never filed a motion for this case?

Perhaps the best practice would be to make a note of the receipt number for your mailing in some part of the filing, such as in a cover letter or scribbled on the cover sheet of the filing. Too little information to figure out what the significance of this case is.

1 Comments:

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8:26 PM  

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