Ashenafi
Ashenafi v. Immigration & Naturalization Service
Opinion
Lead Opinion
ORDER **
Trushet Deneke Ashenafi, an Ethiopian native and citizen, seeks review of the BIA’s final order of deportation and denial of her motion for reconsideration of suspension of deportation. We dismiss the petition for review for lack of jurisdiction.
IIRIRA’s transitional rules apply to this case as deportation proceedings began before April 1, 1997, and the final order of deportation was ordered after October 30, 1996. Under the transitional rules, all petitions for review must be “filed not later than 30 days after the date of the final order of exclusion or deportation.” Narayan v. INS, 105 F.3d 1335, 1335 (9th Cir.1997). Ashenafi filed her petition for review more than a year after the BIA’s April 30, 1999 final order of deportation, well beyond the 30 day time period. This court does not have jurisdiction to review the BIA’s denial of asylum *875 and withholding of deportation if the petition for review is filed untimely. Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996). Ashenafi’s filing of a motion to reopen or for reconsideration did not toll the statutory time for filing the petition for review of the underlying final deportation order. Id.