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SINGH v. I.N.S.

No. 02-71594.

340 F.3d 802 (2003)

Malkit SINGH, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2003.

Attorney(s) appearing for the Case

Jonathan M. Kaufman, San Francisco, CA, for the petitioner.

Robert D. McCallum, Richard M. Evans, and Marion E. Guyton, United States Department of Justice, Civil Division, Washington, DC, for the respondent.

Before Susan P. Graber, Kim McLane Wardlaw, and Richard R. Clifton, Circuit Judges.

OPINION

WARDLAW, Circuit Judge.

We must decide whether the Board of Immigration Appeals ("BIA") erred in dismissing an appeal when the petitioner dutifully followed all regulations and procedures pertaining to filing his Notice of Appeal, but the BIA itself deprived him of the opportunity to timely file his brief by sending the briefing schedule and transcripts of proceedings to the wrong address.

Although the answer to this question seems self-evident...

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