OH v. GONZALES

No. 03-73131.

406 F.3d 611 (2005)

Kyu O. OH, Petitioner, v. Alberto GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 2, 2005.


Attorney(s) appearing for the Case

Alex C. Park, Santa Clara, CA, for the petitioner.

Mary Jane Candaux, Anthony W. Norwood, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for the respondent.

Before: D.W. NELSON, W. FLETCHER and FISHER, Circuit Judges.


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...

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