Legal Opinion
Kyu O. Oh v. Alberto Gonzales, Attorney General
Court of Appeals for the Ninth Circuit
Decided May 2, 2005No. 03-73131PublishedCited by 179 opinions
1Opinion of the Court
FISHER, Circuit Judge.
Petitioner Kyu Oh (“Oh”) appeals the Board of Immigration Appeals’ (“BIA”) denial of her motion to reconsider its rejection of her notice of appeal of an Immigration Judge’s (“IJ”) decision as being untimely filed. Oh sought to excuse the late filing as having been caused by an overnight delivery service’s failure to deliver the notice until well past the BIA’s 30-day deadline. Noting that in using an overnight delivery service she was following the very procedure the BIA’s own Practice Manual recommended, Oh contends that the BIA abused its discretion and denied her due…
2Cases cited9 opinions
- Immigration & Naturalization Service v. VenturaSupreme Court of the United States · 2002
- Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
- Lara-Torres v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
- Marlene Eberle, and Robert Kiser v. City of Anaheim Anaheim Police Department P. Shepard Hagenson MonsoorCourt of Appeals for the Ninth Circuit · 1990
- Bernardo Ontiveros-Lopez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by179 opinions
- Zhong Guang Sun v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2005
- Jose Juan Martinez Barroso v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- LIADOVBoard of Immigration Appeals · 2006
- Liadov v. MukaseyCourt of Appeals for the Eighth Circuit · 2008
- Johnson v. MukaseyCourt of Appeals for the Seventh Circuit · 2008
174 more not listed; retrieve them via the Exa API.