Sakserm Nakaranurack v. Immigration and Naturalization Service

51 F.3d 281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sakserm NAKARANURACK, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70190. United States Court of Appeals, Ninth Circuit. Submitted March 21, 1995. * Decided April 5, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Sakserm Nakaranurack, a native and citizen of Thailand, appeals the Board of Immigrations Appeals' ("BIA") dismissal as untimely of his appeal of the decision of the Immigration Judge ("IJ") denying his application for relief under section 212(c) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182 (c). We review de novo whether the BIA had jurisdiction to consider an untimely appeal. Montes v. Thronburgh, 919 F.2d 531, 534 (9th Cir.1990). We deny the petition for review. 3 Nakaranurack contends that the BIA erred by dismissing his appeal as untimely because the untimeliness of the appeal was the fault of his prior attorney. 4 Section 242.21…