A-6749048
Decided by Board January 30, 1948
Appeal from Central Office Decision — 8 C.F.R. 90.9 (b) — Timeliness.
In an exclusion case, the alien was served on October 15, 1947, with the Acting Commissioner's decision, and the 15-day period within which to appeal therefrom (8 C.F.R. 90.9 (b)) expired on November 5, 1947, so that an appeal, reaching the Board of Immigration Appeals on November 17, 1947 (the field office receiving notice of such appeal on November 19, 1947) was not timely taken. (See 2 IN Dec. 223.)
EXCLUDED BY THE BOARD OF SPECIAL INQUIRY:
Act of 1924 — No immigration visa.
Executive Order 8766 — No passport.
Act of 1917, as amended — Departed to avoid United States military service.
BEFORE THE BOARD
Discussion: This case has been forwarded to us as an appeal from a decision of the Acting Commissioner finding the appellant to be an alien and directing that the excluding decision of the Board of Special Inquiry at Calexico, Calif., be affirmed.
We note from the record that the Acting Commissioner's decision was served upon the appellant on October 15, 1947. Under 8 C.F.R. 90.9 (b), appellant had 15 days (not including Saturdays, Sundays, and holidays) within which to file notice of appeal. The 15-day period expired on November 5, 1947. The notice of appeal did not reach us until November 17, 1947. The field office for the Immigration and Naturalization Service did not receive the notice of appeal until November 19, 1947.
We think that the appeal in this case was not timely taken. Under the circumstances, the order of the Acting Commissioner became final. There is no jurisdiction for us to consider the case at this time.
Order: It is ordered that the appeal be dismissed on the ground of lack of jurisdiction.