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.
Read Irigoyen-Briones v. Holder, No. 07-71806
Appellate Information
Argued and Submitted March 10, 2009
Filed September 29, 2009
Judges
Opinion by Judge Smith
Dissent by Judge Kleinfeld
Counsel
For Petitioner:
Charles E. Nichol, Law Offices of Charles E. Nichol, San Francisco, CA
For Respondent:
Charles Canter and Ronald E. LeFevre, U.S. Department of Justice, Washington, DC
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