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Keywords

attorneyappealmotionasylumdeportationjudicial review
attorneyappealmotionasylumdeportationjudicial review

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Radkov v. Ashcroft

Facts

The petitioners, Radko Radkov and Marta Dontcheva Pencheva Radkova, Bulgarian nationals, were initially denied asylum and withholding of deportation by an immigration judge in 1992. The Board of Immigration Appeals (BIA) upheld this decision in 1998, but the petitioners did not seek judicial review within the required timeframe. After the deadline had passed, they filed a motion to reopen in 1999, claiming their attorney had not received the BIA's decision. The BIA denied the motion as untimely, leading to the current appeal.

The petitioners, Radko Radkov and Marta Dontcheva Pencheva Radkova, Bulgarian nationals, were initially denied asylum and withholding of deportation by an immigration judge in 1992. The Board of Immigration Appeals (BIA) upheld this decision in 1998, but the petitioners did not seek judicial review within the required timeframe. After the deadline had passed, they filed a motion to reopen in 1999, claiming their attorney had not received the BIA's decision. The BIA denied the motion as untimely, leading to the current appeal.

Issue

Whether counsel of record for the petitioners was ever mailed the BIA's decision.

Whether counsel of record for the petitioners was ever mailed the BIA's decision.

Rule

The BIA's grant or denial of a motion to reopen is reviewed under an abuse of discretion standard, and its findings of fact must be supported by substantial evidence.

The BIA's grant or denial of a motion to reopen is reviewed under an abuse of discretion standard, and its findings of fact must be supported by substantial evidence.

Analysis

The court determined that the BIA had adequately considered the evidence regarding the mailing of the decision to the petitioners' attorney. The BIA found that the decision was mailed to the attorney's address of record, and the evidence supported this conclusion. The court noted that even if the mailing went awry, it would not excuse the failure to file a timely motion to reopen.

The court determined that the BIA had adequately considered the evidence regarding the mailing of the decision to the petitioners' attorney. The BIA found that the decision was mailed to the attorney's address of record, and the evidence supported this conclusion. The court noted that even if the mailing went awry, it would not excuse the failure to file a timely motion to reopen.

Conclusion

The court affirmed the BIA's decision, concluding that the motion to reopen was untimely filed.

The court affirmed the BIA's decision, concluding that the motion to reopen was untimely filed.

Who won?

The Board of Immigration Appeals prevailed because the court found that the decision had been properly mailed to the petitioners' attorney, and the petitioners failed to file their motion to reopen within the required timeframe.

The Board of Immigration Appeals prevailed because the court found that the decision had been properly mailed to the petitioners' attorney, and the petitioners failed to file their motion to reopen within the required timeframe.

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