Narrative Opinion Summary
Jesus Sarmiento-Hernandez, a native and citizen of Mexico, filed a petition for review of a Board of Immigration Appeals (BIA) decision that affirmed an immigration judge's order denying his motion to reopen removal proceedings conducted in absentia. The petition was deemed untimely, as it was submitted 31 days after the BIA's decision on July 19, 2004, exceeding the 30-day filing requirement set by 8 U.S.C. § 1252(b)(1). Consequently, the court lacked jurisdiction and dismissed the petition for review. Additionally, the disposition is not intended for publication and cannot be cited in this circuit except as allowed by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Jurisdiction of the Court in Immigration Appealssubscribe to see similar legal issues
Application: The court determined that it lacked jurisdiction to review the petition because it was filed outside the statutory deadline.
Reasoning: Consequently, the court lacked jurisdiction and dismissed the petition for review.
Publication and Citation of Dispositionssubscribe to see similar legal issues
Application: The court's disposition in this case is not intended for publication and may not be cited in this circuit, except as permitted by specific court rules.
Reasoning: Additionally, the disposition is not intended for publication and cannot be cited in this circuit except as allowed by Ninth Circuit Rule 36-3.
Timeliness of Petition for Review under 8 U.S.C. § 1252(b)(1)subscribe to see similar legal issues
Application: The petition for review of the BIA decision was dismissed due to its untimeliness, as it was filed one day past the statutory 30-day deadline.
Reasoning: The petition was deemed untimely, as it was submitted 31 days after the BIA's decision on July 19, 2004, exceeding the 30-day filing requirement set by 8 U.S.C. § 1252(b)(1).