A-Plus Roofing, Inc. v. U.S. Immigration and Naturalization Service United States of America
Opinion
Opinion
ORDER
A-Plus Roofing, Inc. has petitioned for review of an administrative law judge’s (AU) order imposing sanctions under the Immigration and Nationality Act, 8 U.S.C. § 1324a. Respondent Immigration and Naturalization Service moves to dismiss the appeal for lack of jurisdiction, arguing that the petitioner failed to file the petition within 45 days of the final order as required by 8 U.S.C. § 1324a(e)(8).
The relevant sections of the statute read as follows, in pertinent part:
8 U.S.C. § 1324a(e)(7) and (8).
The AU’s order in this case was filed on July 27, 1990. The petition for review was filed on October 11, 1990. Petitioner claims that the AU’s order did not “become final” pursuant to 8 U.S.C. § 1324a(e)(7) until August 27, 1990, 30 days after it was filed. Petitioner contends that the petition was timely because it was filed within 45 days of the date the order became final.
Both the statute and the regulation interpreting it ( 28 C.F.R. § 68.51 ) indicate that the ALJ’s order “becomes final” after 30 days have passed if no further objection is made at the agency level, and that review may be sought within 45 days after the final order is “issued.” Although there is…