Liadov v. Mukasey, 8th Cir. Mar. 14, 2008
06-3522 Liadov v. Mukasey
Board of Immigration Appeals
[PUBLISHED] [Loken, Author, with Arnold and Colloton, Circuit Judges]
Petition for Review - Immigration. Circuit court may review the BIA’s
ruling that it lacked jurisdiction to consider an untimely appeal; when
Congress passed a statutory time limit for appeals, it did not intend
that the time limit be mandatory and not subject to exceptions; as a
result, the BIA’s jurisdictional ruling should be reviewed under an
abuse of discretion standard; BIA’s refusal to assert jurisdiction
through the certification process set out in 8 C.F.R. Sec. 1003.1(c)
was an unreviewable action committed to the agency’s discretion; even
if the BIA’s order refusing to self-certify was subject to judicial
review, the BIA did not abuse its discretion in refusing to certify
the case to itself because a courier service failed to meet its
contractual commitment to deliver the appeal the next day; BIA’s
filing deadline and self-certification procedure did not deprive
petitioners of due process. Judge Colloton, concurring in part.
