Emilia Eszterhazy, AKA Emilia Toth Barbara Emoke Toth v. United States Immigration and Naturalization Service

988 F.2d 118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Emilia ESZTERHAZY, aka Emilia Toth; Barbara Emoke Toth, Petitioners, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70473. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1993. * Decided Feb. 18, 1993. On Petition for Review of an Order of the Board of Immigration Appeals; No. Aef-jdq-fmf. B.I.A. PETITION DENIED. Before GOODWIN, SCHROEDER and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Emilia Eszterhazy, a native and citizen of Hungary, appeals the Board of Immigration Appeals' ("BIA") dismissal as untimely of her appeal of the decision of the Immigration Judge ("IJ") denying her application for asylum and withholding of deportation. We review de novo whether the BIA had jurisdiction to consider an untimely appeal. Montes v. Thornburgh, 919 F.2d 531, 534 (9th Cir.1990). We deny the petition for review. 3 Eszterhazy contends that it was an abuse of discretion for the BIA…