Oh v. Gonzales’s Empirical Analysis
406 F.3d 611 · 2005
Citation profile
15 federal appellate ·
Relationships
Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Immigration & Naturalization Service v. Ventura · Oscar Socop-Gonzalez v. Immigration and Naturalization Service · Lara-Torres v. Ashcroft · Eberle v. City of Anaheim
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Board of Immigration Appeals Practice Manual (“Practice Manual”) ..., which also addresses the issue of filing appeals, emphasizes the importance of timely filings. It clearly states that an appeal or motion is not deemed filed until it is received by the Board and that the Board does not observe the “mailbox” rule. See [Practice Manual] § 3.1(a)(1), at 31 (July 30, 2004).... Moreover, in two places the Practice Manual specifically cautions that use of an overnight delivery service does not mean that failing to meet filing deadlines will be excused. According to § 3.1(a)(iv), “the failure of a courier or overnight delivery service does not excuse parties from meeting filing deadlines.” [Practice Manual] § 3.1(a)(iv), at 32. In addition, § 3.1(b)(iv) provides, in pertinent part, as follows: Delays in delivery.- — Postal or delivery delays do not affect existing deadlines, nor does the Board excuse untimeliness due to such delays, except in rare circumstances. Parties should anticipate all Post Office and courier delays, whether the filing is made through first class mail, priority mail, or any overnight or other guaranteed delivery service.”
1 later decision quote this exact passage · from the majority“On its face, Oh’s use of one of the overnight delivery services the BIA recommends (Airborne Express is identified by name) would appear to qualify her for relief from late filing as a unique or rare circumstance — or at least to be considered for such relief, with some reasoned explanation should the BIA reject her proffered excuse. As the case comes to us, Oh has a colorable claim that she was misled into relying on the recommended overnight delivery service, and on the “rare circumstance” exception to remedy what appears to be an extraordinary lapse on Airborne’s part. The BIA’s refusal to reconsider her claim in these circumstances, based on its erroneous assumption that it lacked authority to do so, was an abuse of discretion.”
1 later decision quote this exact passage · from the majority“Tf a time limit is jurisdictional, it is not subject to the defenses of waiver, equitable tolling, or equitable estoppel, although there may still be exceptions based on unique circumstances.’” 406 F.3d at 613 (quoting Socop-Gonzalez, 272 F.3d at 1188 ) (emphasis added in Oh-, internal citation and quotation marks omitted in Oh). 8 . Cf. Reinsurance Co. of Am., Inc. v. Administratia Asigurarilor de Stat, 808 F.2d 1249 , 1253 (7th Cir.1987) (observing that”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.