Sep 13 2006

Delays Caused by Delivery Services No Excuse in Immigration Appeals

A quick note for visitors to our website: the Department of Justice's Board of Immigration Appeals has denied the motion of a respondent who believed that the late filing of their appeal should be excused because the overnight delivery service they used did not deliver that appeal in a timely fashion. In a recent case, the BIA held that it did not have the authority to extend the 30-day time limit for filing an appeal. While the BIA could certify certain cases to itself in exceptional circumstances, BIA would not consider a one-day delay by an overnight delivery service enough of a warrant to provide an untimely appeal on certification.