Ramon Puentes v. Alberto Gonzales

Filing 920081208

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 07-2780 ___________ * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. 1 * Michael J. Mukasey, United States Attorney General, * [UNPUBLISHED] * Respondent. * ___________ Submitted: December 1, 2008 Filed: December 8, 2008 ___________ Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Ramon Zamora Puentes petitions for review of an order of the Board of Immigration Appeals (BIA) affirming an Immigration Judge's denial of cancellation of removal. Because we conclude that Puentes's petition for review was untimely filed more than 30 days after the BIA issued its final order of removal, we lack jurisdiction to review the order. See 8 U.S.C. § 1252(b)(1) ("The petition for review Ramon Zamora Puentes,

Michael J. Mukasey has been appointed to serve as Attorney General of the United States, and is substituted as respondent pursuant to Federal Rule of Appellate Procedure 43(c).

1

must be filed not later than 30 days after the date of the final order of removal."); Fed. R. App. P. 26(a) (computation of time); Boudaguian v. Ashcroft, 376 F.3d 825, 827 (8th Cir. 2004) (order denying relief from removal is final when issued and must be appealed within statutorily prescribed period; this court has no jurisdiction when petition for review is filed outside that 30-day period). Accordingly, we dismiss the petition. ______________________________

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