Felix Blanco, Jr. v. Holder

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FELIX DINGLASAN BLANCO, JR., 

Petitioner, No. 05-72159 v.  Agency No.

A078-031-594

ERIC H. HOLDER JR., Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted May 4, 2009—Pasadena, California

Filed July 15, 2009

Before: John T. Noonan, Diarmuid F. O’Scannlain, and Susan P. Graber, Circuit Judges.

Opinion by Judge Graber COUNSEL

Russell L. Marshak, Popkin, Shamir & Golan, Los Angeles, California, for the petitioner.

Lauren Fascett and Song E. Park, Office of Immigration Liti- gation, Civil Division, U.S. Department of Justice, Washing- ton, D.C., for the respondent. 8966 BLANCO v. HOLDER

OPINION

GRABER, Circuit Judge:

Is an alien’s otherwise complete and timely application for adjustment of status properly rejected as untimely for the sole reason that his lawyer’s accompanying check for the proper amount of the filing fee was inadvertently unsigned? We answer that question “no” and, therefore, grant the petition for…