Samuel Quirante Prospero v. Immigration and Naturalization Service

91 F.3d 154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Samuel Quirante PROSPERO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 94-70070. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1995. * Decided July 15, 1996. 1 Before: BRUNETTI and KOZINSKI, Circuit Judges, and HAGEN, ** District Judge. 2 MEMORANDUM *** 3 1. Prospero's petition for review was timely. A petition for review must be filed "not later than 90 days after the date of the issuance of the final deportation order...." 8 U.S.C. § 1105a(a)(1). Prospero's deportation order was issued on November 22, 1993, making February 20, 1994, the filing deadline. Prospero filed his petition two days later, on February 22, 1994. Fed.R.App.P. 26(a), however, states that if the last day of a filing period is a Saturday, Sunday or legal holiday, the petitioner has until the next day to file his papers. Fed.R.App.P. 1 & 20 make Fed.R.App.P. 26(a) applicable to review of…