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Byung Jin Choi v. Ashcroft
Citation: 75 F. App'x 679Docket: No. 01-71953; Agency No. A77-157-631
Court: Court of Appeals for the Ninth Circuit; September 18, 2003; Federal Appellate Court
Byung Jin Choi, a Korean national, sought judicial review of the Board of Immigration Appeals (BIA) decision affirming an Immigration Judge's (IJ) denial of his motion to reopen his case. The court determined it lacked jurisdiction to hear Choi's petition due to its untimeliness. The BIA's final removal order was issued on November 27, 2001, and Choi's petition was not received until December 28, 2001, which was thirty-one days later. According to 8 U.S.C. § 1252(b)(1), a petition for review must be filed within 30 days of the final removal order, meaning it should have been submitted by December 27, 2001. As a result, the petition was dismissed. The court noted that this decision is not suitable for publication and cannot be cited in future cases except under specific Ninth Circuit rules.