Mastag Garabed Haroutunian, AKA Ohannes Sassonian AKA Matsak Haroutunian AKA Matsag Haroutunian v. Immigration and Naturalization Service

We consider whether a petition for review of a Board of Immigration Appeals deportation order is timely.

I

Petitioner Mastag Garabed Haroutunian is a native of Syria who came to this country from Lebanon in 1979. In 1988, he was convicted of possession with intent to distribute, attempted possession with intent to distribute and simple possession of heroin. The INS issued an order to show cause why he should not be deported for, among other things, having been convicted of a drug crime. See Immigration and Nationality Act § 241(a)(2)(B)(i); 8 U.S.C. § 1251 (a)(2)(B)©. Haroutunian conceded deportability and applied for asylum and withholding of deportation. See INA § 208(a) & 243(h); 8 U.S.C. §§ 1158 (a) & 1253(h). The immigration judge denied Haroutunian’s application, the BIA affirmed and Haroutunian filed a petition for review with us. Because we have doubts about our jurisdiction, we turn to that issue first.

II

It is well settled that the requirement of a timely petition for review is mandatory and jurisdictional. See Lee v. INS, 685 F.2d 343 (9th Cir.1982). Pursuant to INA § 106(a)(1), 8 U.S.C. § 1105a(a)(l),

Because Haroutunian is an alien convicted of an aggravated…