Nnaemeka

Nnaemeka v. Ashcroft

Good Law
74 F. App'x 784
United States Court of Appeals for the Ninth CircuitSeptember 5, 2003No. 01-70123California616 words

Opinion

Lead Opinion

MEMORANDUM *

Charles Nnaemeka Assimonye, a native and citizen of Nigeria, petitions for review of a final order of deportation issued by the Board of Immigration Appeals (“BIA”) on November 22, 2000. The BIA’s order affirmed the order of the Immigration Judge (“IJ”) denying Assimonye’s application for asylum and withholding of removal. We presume that the parties are familiar with the facts of the case and refer to them only as necessary in this disposition. Because Assimonye failed to timely file his petition for review of the BIA’s order, we dismiss this case for lack of jurisdiction.

This Court’s jurisdiction to review a final order of removal depends on a timely filed petition. Haroutunian v. INS, 87 F.3d 374, 375 (9th Cir.1996); Lee v. INS, 685 F.2d 343, 343 (9th Cir.1982). The burden is on Assimonye to establish jurisdiction, as he is “the party invoking jurisdiction.” Haroutunian, 87 F.3d at 376 . Under 8 U.S.C. § 1252 (b)(1), petitions for review must be filed within 30 days of the BIA’s final order of deportation. The BIA’s order in this case was issued on November 22, 2000, so the deadline for the petition for review was December 22, 2000. He has not shown that he did…

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