The Ninth Circuit Court of Appeals today released an opinion in TU v. NATIONAL TRANSPORTATION SAFETY BOARD, No. 04-76454, an administrative appeal. The panel consisted of Mary M. Schroeder, Chief Circuit Judge, Andrew J. Kleinfeld and Carlos T. Bea, Circuit Judges.
BEA, Circuit Judge:
We today decide whether an agency can effect notice of its ruling, so to start the running of time in which to appeal, by certified mail, when it has reason to know certified mail would not reach petitioner, whereas first class mail would. Actually, anyone who had read Jones v. Flowers, 126 S. Ct. . . .