Service of BIA decisions

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The LAC filed an amicus brief on behalf of AILF, Northwest Immigrant Rights Project, and The Lawyers’ Committee for Civil Rights of the San Francisco Bay Area in a petition for rehearing en banc. The panel held that the BIA does not have to reissue a decision even if the noncitizen says he or she did not receive the decision; the BIA need only show that it properly mailed the decision by regular mail. The decision places the burden on the parties to check (via the toll free hotline) to find out if the BIA has issued a decision. Amici argued that the BIA’s requirement to serve its decision must incorporate both dispatch and delivery.

• Singh v. Gonzales                        9th Circuit                        No. 04-72701