Sidhu

Sidhu v. Ashcroft

Good Law
101 F. App'x 720
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-72457California296 words

Opinion

Lead Opinion

MEMORANDUM **

Charanjit Sidhu, a native and citizen of India, petitions for review of a May 29, 2003, order of the Board of Immigration Appeals denying her motion to reconsider 1 the Board’s December 17, 2002, order affirming without opinion an immigration judge’s denial of her application for asylum and withholding of removal.

Sidhu’s brief argues only that the immigration judge, whose decision was affirmed by the Board of Immigration Appeals, erred in denying her asylum application. We lack jurisdiction to entertain this argument because Sidhu did not file with this court a petition for review within 30 days of the Board’s December 17, 2002, decision. 8 U.S.C. § 1252 (b)(1) and (2) (requiring petition for review be filed with the court of appeals within 30 days of the final removal order); Stone v. INS, 514 U.S. 386, 405 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995) (filing of motion to reopen does not toll statutory time in which alien can appeal final deportation order); Haroutunian v. INS, 87 F.3d 374, 375 (9th Cir.1996) (the requirement of a timely petition for review is mandatory and jurisdictional).

By failing to raise any issue regarding the May 29, 2003, order, Sidhu has…

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