Moutafov

MEMORANDUM ***

Svetoslav Moutafov (“Moutafov”) has petitioned for judicial review of the dismissal of his application for asylum and withholding of deportation, and the denial by the Board of Immigration Appeals (“BIA”) of his motion to reopen. We dismiss the petition for review of the merits of his application for asylum and withholding of deportation because he failed to file a petition for judicial review within 30 days of receiving actual notice of the BIA’s decision on the merits. We also deny the petition for judicial review of the BIA’s dismissal of Moutafov’s motion to reopen because it was filed more than 90 days after he received actual notice of the dismissal of his appeal from the decision of the immigration judge.

The parties are familiar with the facts. Accordingly, we summarize only those facts that are necessary to understand our analysis of the correctness of the BIA’s decision to deny the motion to reopen as untimely.

I

Moutafov, a citizen of Bulgaria, entered the United States without inspection on September 20,1991. He was apprehended by officers of the Immigration and Naturalization Service (“INS”) on the same day. He was duly served with an order to *335…