Behrooz Hafezi-Haghani v. Immigration and Naturalization Service

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Behrooz HAFEZI-HAGHANI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70095. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1996. * Decided June 26, 1996. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and HAGEN, ** District Judge. 2 MEMORANDUM *** 3 1. In order to have his petition for review considered on the merits, Hafezi-Haghani was required to file it not later than 90 days after issuance of his final deportation order. 8 U.S.C. § 1105a(a)(1); Lee v. INS, 685 F.2d 343 (9th Cir.1982). Petitioner's final deportation order was issued December 3, 1993, making the filing deadline for his petition March 3, 1994. His petition wasn't received until March 4, however, rendering it untimely. See Fed.R.App.P. 25(a) (filing is timely where clerk receives papers within filing period); Fed.R.App.P. 1 & 20 (Fed.R.App.P. applicable to appeals of administrative agency…