Jose Enrique Rodriguez Serrano v. Alberto R. Gonzales, Attorney General

Petitioner Jose Enrique Rodriguez Serrano appeals the Board of Immigration Appeals’ (“BIA”) denial of his untimely motion to reopen his removal proceedings.

FACTUAL AND PROCEDURAL HISTORY

Petitioner is a Mexican citizen who entered the United States without inspection by an immigration officer in 1989. On March 29, 2001, Petitioner filed an application for asylum. That application was referred to the immigration court on May 24, 2001. The immigration court issued a notice to appear charging Petitioner with being subject to removal under section 212(a)(6)(A)® of the Immigration and Nationality Act (“INA”). 8 U.S.C. § 1182 (a)(6)(A)®.

On June 18, 2001, Petitioner appeared with counsel before the immigration judge (“IJ”), admitted that he was removable, and applied for cancellation of removal under INA § 240A(b)(l). 8 U.S.C. § 1229b(b)(l). The IJ found Petitioner removable and denied his application for cancellation of removal. In an order dated June 4, 2003, the IJ granted Petitioner’s application for voluntary departure and provided Petitioner 60 days to leave the country.

On June 17, 2003, Petitioner filed a Notice of Appeal. The BIA affirmed without opinion the IJ’s order and…