Heberto Jose Chavez-Downs v. Immigration & Naturalization Service

56 F.3d 70 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Heberto Jose CHAVEZ-DOWNS, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70950. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 14, 1995. Decided June 2, 1995. On Petition for Review of an Order of the Board of Immigration Appeals, No. Aum-bdt-dqp. BIA PETITION DENIED. Before: TANG, SCHROEDER, and TROTT, Circuit Judges. 1 MEMORANDUM * 2 Heberto Jose Chavez-Downs petitions for review of the denial of his application for asylum and withholding of deportation. The government raises a threshold jurisdictional challenge on the ground of untimeliness of the petition for review. Assuming that the BIA's decision was mailed on August 30, and that the provisions of Federal Rule of Appellate Procedure 26 are not applicable, we would lack jurisdiction. Even assuming we have jurisdiction, however, the petition would have to be denied on the merits. 3 Petitioner did not…