Vasquez

MEMORANDUM **

Claudia de la Cruz Vasquez (“Vasquez” or “Petitioner”), a native and citizen of Mexico, petitions for review of a decision by the Board of Immigration Appeals (“BIA”) denying her motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1252 (b), and we deny the petition.

A “petition for review must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252 (b)(1). The Immigration Judge (“IJ”) found Petitioner removable on November 24, 1997. Petitioner was advised of the date by which any appeal must be filed with the BIA — December 24, 1997. The IJ also warned Vasquez that her failure to depart as ordered would render her ineligible for relief from removal. Vasquez did not file her appeal until December 31, 1997. The BIA, therefore, correctly concluded that Petitioner’s appeal was untimely, and dismissed the appeal on June 24, 1998. The November 24 removal order became final. 8 C.F.R. § 3.39 (“Except when certified to the Board, the decision of the Immigration Judge becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken whichever occurs first.”).

Vasquez did not file her motion to…