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YI TU v. NATIONAL TRANSP. SAFETY BD.

No. 04-76454.

470 F.3d 941 (2006)

Chin YI TU, Petitioner, v. NATIONAL TRANSPORTATION SAFETY BOARD, NTSB Chief Administrative Law Judge William E. Fowler, Jr.; Administrator Federal Aviation Administration Mayion C. Blakey, Respondents.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2006.

Attorney(s) appearing for the Case

C. Edward Adams, Esquire, Adams & Peterson, LLC, Gig Harbor, Washington, for the petitioner.

James A. Barry, Esquire, United States Department of Transportation, Office of the Counsel General, Washington, D.C., and Ronald S. Battocchi, Federal Aviation Administration, Office of the Chief Counsel, Washington, D.C., for the respondents.

Before: SCHROEDER, Chief Circuit Judge, KLEINFELD and BEA, Circuit Judges.

BEA, Circuit Judge:

We today decide whether an agency can effect notice of its ruling, so to start the running of time in which to appeal, by certified mail, when it has reason to know certified mail would not reach petitioner, whereas first class mail would. Actually, anyone who had read Jones v. Flowers, ___ U.S. ___, 126 S.Ct. 1708, 164 L.Ed.2d 415 (2006), could decide this case without more, but because Jones was decided after

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