SINGH v. GONZALES

No. 04-72701.

469 F.3d 863 (2006)

Dalip SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 28, 2006.


Attorney(s) appearing for the Case

Inna Lipkin, Law Office of Kuldip S. Dhariwal, Fremont, CA, for the petitioner.

Peter D. Keisler, Assistant Attorney General, Jeffrey J. Bernstein, Senior Litigation Counsel, Benedetto Giliberti, Attorney, and Joan Smiley (argued), Attorney, United States Department of Justice, Washington, D.C., for the respondent.

Before ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and FREDERIC BLOCK, Senior District Judge.


FISHER, Circuit Judge.

The question posed by this case is whether an alien who in sworn affidavits claims that he never received notice of the BIA's adverse decision is entitled to reopening and reissuance of that decision so that he may timely appeal it to this court. More specifically, when the BIA uses regular mail to meet its regulatory obligation to serve its decisions on aliens, does the BIA's factual finding that its decision was properly mailed to the alien...

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