Wednesday, January 02, 2013

First Circuit -- Wu v. Holder

Ineffective Assistance and Due Process claims waived for not being raised during administrative proceeding.

As regulation at time of letter's receipt held that date-stamp was sufficient proof of time of receipt, and petitioner has not offered sufficient proof to establish a claim of clerical mistake, date-stamp establishes claim as untimely.

Wu v. Holder
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.