063522P.pdf   03/14/2008  Vladimir Liadov  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  06-3522
   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.