Alexandru Vlaicu Sabina Vlaicu Daniel Vlaicu Daniela Vlaicu v. United States Immigration and Naturalization Service
Opinion
Opinion
Alexandru, Sabina, Daniel, and Daniela Vlaidu, natives and citizens of Romania, petition for review of an order' of the Board of Immigration Appeals ("BIA"). The order in question dismissed as untimely their appeal from the decision of the Immigration Judge denying their application for asylum and withholding of deportation. We have jurusdiction pursuant to 8 U.S.C. § 1105a(a), and we grant the petition for review.
The only issue before us is whether the BIA properly dismissed the petitioners' appeal as untimely. The decision of the Immigration Judge was served by mailing to the parties on April 30, 1992. One applicable regulation provides that "[a]n appeal shall be taken within 10 days after the mailing of a written decision.... `When service of the decision is made by mail, 3 days shall be added to the period prescribed for the taking of an appeal." 8 C.F.R. § 242.21 (a). Ariother specifies that "[t]he notice of appeal of the decision shall be filed with the Office of Immigration Judge ... within ten (10) calendar days after service of the decision. Time will be 13 days if mailed." 8 C.F.R. § 3.38 .