Hernandez-Mayorga

MEMORANDUM **

William Hernandez-Mayorga, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s denial of his application for asylum and withholding of deportation. We lack jurisdiction over this transitional rules case because the petition for review was untimely. See Haroutunian v. INS, 87 F.3d 374, 375 (9th Cir.1996) (“[T]he requirement of a timely petition for review is mandatory and jurisdictional.”). We therefore dismiss the petition.

The BIA’s final order was issued on July 2, 2002. The Court of Appeals for the Eighth Circuit, from which this petition was transferred, received the petition on October 28, 2002. For all final orders of deportation entered after October 30,1996, a “petition for judicial review must be filed not later than 30 days after the date of the final order of ... deportation.” Narayan v. INS, 105 F.3d 1335 , 1335 (9th Cir.1997) (quoting the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). This petition was not timely filed.

Hernandez-Mayorga objects that the BIA’s timely-mailed notice to his counsel’s address of record was returned stamped…