Ocampo

Ygnacio Ccayhuari Ocampo petitions for review of a Board of Immigration Appeals (“BIA”) order denying as untimely his motion to reopen his immigration removal proceedings. Because a removal order that grants voluntary departure becomes final upon the earlier of (i) a BIA determination affirming the order or (ii) the expiration of the deadline to seek the BIA’s review of the order, and not upon overstay of the voluntary departure period, we hold that the BIA correctly determined that Ccayhuari’s motion to reopen was untimely. We therefore deny the petition.

I

Ccayhuari is a citizen of Peru who was admitted to the United States on December 1, 1988, as a nonimmigrant temporary worker with authorization to remain until October 14, 1990. AR 37, 920. After overstaying his visa, Ccayhuari applied for asylum in 1993 on the ground that he previously was a member of the Peruvian army and, as a result, he feared persecution by the Sandero Luminoso, which is more commonly referred to as the Shining Path. AR 31-34, 40-45. The former Immigration and Naturalization Service (“INS”) began removal proceedings in 1999, AR 37-38, during which Ccayhuari admitted all factual allegations and…