Opinion
No. 06-60270 Summary Calendar.
March 26, 2007.
George Jay Prappas, Prappas Associates, Houston, TX, for Petitioner.
Thomas Ward Hussey, Director, Linda Susan Wendtland, Saul Greenstein, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Karen G. Gregory, Trey Lund, U.S. Immigration and Customs Enforcement Field Office Director, Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship Immigration Services, Houston, TX, for Respondent.
Alberto R. Gonzales, U.S. Department of Justice, Washington, DC, pro se.
Petition for Review of an Order of the Board of Immigration Appeals, BIA No. A97 548 804.
Before SMITH, WIENER, and OWEN, Circuit Judges.
Petitioner Quiser Ali Khan, a native and citizen of Pakistan, petitions for review of the decision of the Board of Immigrations Appeals (BIA) summarily affirming the Immigration Judge's order of removal and denial of applications for asylum and with-holding of removal.
An alien must file his petition for review "not later than 30 days after the date of the final order of removal." 8 U.S.C. § 1252(b)(1). The 30-day filing deadline is jurisdictional. Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir. 2003).
The 30-day filing deadline began to run in the instant case on Wednesday, February 22, 2006, when the BIA issued its decision and wrote to Khan's counsel at his address of record, transmitting to him a copy of the decision. The deadline expired on Friday, March 24, 2006. See Karimian-Kaklaki v. INS, 997 F.2d 108, 110-11 (5th Cir. 1993). Khan's petition for review, received and filed on March 27, 2006, was untimely. As such, this court lacks jurisdiction. See id. at 111-13; Guirguis v. INS, 993 F.2d 508, 509-10 (5th Cir. 1993); see also Navarro-Miranda, 330 F.3d at 676.
DISMISSED FOR LACK OF JURISDICTION.