Zheng

MEMORANDUM *

Wei Zheng, a native and citizen of the People’s Republic of China, petitions for review from the Board of Immigration Appeals’ (“BIA”) denial of his motion for reconsideration of its prior decision denying as untimely his motion to reopen deportation proceedings based on ineffective assistance of counsel and to apply for relief under the Convention Against Torture (“CAT”).

We have jurisdiction pursuant to 8 U.S.C. § 1105 (a) as modified by the transition rules for judicial review enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. No. 104-208, Div. C, Title III-B, 110 Stat. 8009 -546 (Sept. 30, 1996). We grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision.

In his petition for review, Zheng asks this Court to review the Board’s July 10, 1995 Final Order of Deportation as well as its February 5, 2001 decision to deny Zheng’s Motion to Reconsider. However, under § 309(c)(4)(C) of IIRIRA, a petition for review “must be filed not later than 30 days after the date of the final order of…