E-065122
Decided by the Board, June 12, 1953
Appeal from special inquiry officer's decision — 8 C.F.R. 6.11 and 242.61 (e) — Timeliness.
Under the applicable regulations, appeals in deportation cases must be filed within the 10-day period as set forth, and there is no authority to extend the time for filing such appeal. Authority exists, however, for extending the time within which a brief may be submitted provided a proper appeal has been filed.
CHARGE:
Warrant: Act of 1952 — No immigration visa.
BEFORE THE BOARD
Discussion: This case presents an appeal from an order of the special inquiry officer granting subject the privilege of voluntary departure with the provision that such privilege be withdrawn and an order of deportation entered in the event departure is not effected within the time set.
The El Paso office of the Immigration Service advised that the time to file an appeal in this case expired May 13, 1953, and that the appeal was not filed until the following day, May 14, 1953. The El Paso office has requested a decision on this point. It is indicated that according to its interpretation of the applicable regulations there is no authority to extend a 10-day period for filing appeal.
We rule that under the applicable regulations, appeals in deportation cases must be filed within the 10-day period as set forth, and that there is no authority to extend the time for filing an appeal. There is authority, of course, for extending the time within which a brief may be filed after an appeal has been entered. Where an appeal is not filed timely, as here, the order of the special inquiry officer becomes final. This means that the Board is without authority or jurisdiction to consider the appeal. The only remedy in this case, if any, is by motion in accordance with applicable regulations directed to the special inquiry officer. Accordingly, the appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.