Kevin Roy McKenzie v. Immigration and Naturalization Service

5 F.3d 537 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kevin Roy MCKENZIE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 92-70043. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1993. * Decided Aug. 27, 1993. Petition to Review a Decision of the Immigration and Naturalization Service; No. Aai-xtp-fwc. I.N.S. DISMISSED. Before NORRIS, WIGGINS and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Roy McKenzie petitions for review of a Board of Immigration Appeals (BIA) decision dismissing as frivolous his appeal from an immigration judge's order denying him any form of relief from deportation. Because McKenzie's petition for review was not timely filed with the clerk of our court, we lack jurisdiction. See Lee v. INS, 685 F.2d 343, 343 (9th Cir.1982) (The requirements of 8 U.S.C. Sec. 1105a(1) are "mandatory and jurisdictional."). 3 The Immigration and Naturalization Act provides: 4 [A] petition for review may be filed not…