Ngoli Nyirenda v. Loretta E. Lynch

MEMORANDUM

Petitioner Ngoli Nyirenda, a native and citizen of Zambia, petitions for review of the Board of Immigration Appeals’ decision dismissing his appeal from an immigration judge’s decision that denied his application for deferral of removal under the Convention Against Torture. We deny the petition.

The government’s argument that Nyir-enda’s petition for review must be dismissed because it is untimely is without merit. Nyirenda timely filed his petition by depositing it in the Santa Ana City Jail’s mailing system on December 7, 2014. Nyir-enda has submitted a declaration to that effect. The government argues that Nyir-enda’s declaration does not comply with Rule 25(a)(2)(C) of the Federal Rules of Appellate Procedure because Nyirenda did not specifically state that “first-class postage has been prepaid,” but Nyirenda stated that he “deposited all of the copies, of the filing in the Santa Ana mail system; using first-class certified mail on December 7.” It is clear from Nyirenda’s declaration that first-class postage .was prepaid, which satisfies Rule 25(a)(2)(C).

■ Turning to the merits, we reject Nyiren-da’s argument that the BIA applied incorrect legal standards in…