Ram Singh, AKA Singh Ram Sukhdev Ram v. Immigration and Naturalization Service

Sukhdev Ram, a.k.a. Ram Singh, (“Petitioner”) seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his petition for asylum and withholding of deportation. He submitted his petition for review after the expiration of the thirty-day period for such filings. The threshold issue is whether we have jurisdiction to entertain his petition. We conclude that we do not and, accordingly, dismiss the petition.

I.

The Immigration and Nationalization Service (the “INS”) commenced deporta tion proceedings in April, 1992, alleging that petitioner was subject to deportation pursuant to INA § 241(a)(1)(B), because he had entered the United States without inspection. The Immigration Judge (“U”) denied his applications for asylum and withholding of deportation and granted him voluntary departure.

Petitioner filed a timely pro se Notice of Appeal asking for review by the BIA. The form he utilized for this purpose advised him of his right to be represented by counsel, as well as the requirement that a notice of appearance be filed by any counsel secured. Thereafter, petitioner retained counsel, Virender Goswani (“Goswani”). Goswani filed a brief on petitioner’s behalf but did not, at…