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March 13, 2006



The untimely appeal in Osorno was the petition for review in the Court of Appeals. The Sun case involved an untimely appeal to the BIA. Perhaps the "exceptional circumstances" rule used by the 2d Cir. with respect to appeals from an IJ to the BIA should also apply to appeals from the BIA to the Court of Appeals, but I don't think that's the holding of Sun.

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