Hector Raul Robles-Sanchez v. Immigration and Naturalization Service

Good Law
9 F.3d 1553·1993 U.S. App. LEXIS 36120
United States Court of Appeals for the Ninth CircuitNovember 8, 199393-70409California796 words

Opinion

Opinion

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Hector Raul ROBLES-SANCHEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70409. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Hector Paul Robles-Sanchez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal as untimely of his appeal of an immigration judge's order of deportation. We have jurisdiction under 8 U.S.C. § 1105a(a), and we deny the petition for review. 3 This court reviews de novo whether the BIA had jurisdiction to consider an untimely appeal. Da Cruz v. INS, No. 91-70752, slip op. 9391, 9393 (9th Cir. Aug. 31, 1993) (citing Montes v. Thornburgh, 919 F.2d 531, 534 (9th Cir.1990)). We review the BIA's factual findings on jurisdictional issues for clear error. See Montes, 919 F.2d at 534 .…

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