Rosas-Jaimes

MEMORANDUM **

Filiberto Rosas-Jaimes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing as untimely his appeal of an immigration judge’s (“IJ”) denial of his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo whether the BIA had jurisdiction over an untimely appeal. Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993). We deny the petition for review.

The time limit for filing a notice of appeal is mandatory and jurisdictional. See 8 C.F.R. § 1003.38 (b) (a notice of appeal must be filed within 30 calendar days from the IJ’s oral decision or mailing of a written decision); Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993). The record reflects that the IJ’s written decision was mailed on April 11, 2003 to Rosas-Jaimes’ attorney’s address of record, and that his notice of appeal to the BIA was filed on July 28, 2003. Accordingly, the BIA did not err in dismissing the appeal as untimely. See 8 C.F.R. § 1003.38 (b). Rosas-Jaimes’ contention that the BIA’s dismissal of his appeal violated his due process rights lacks merit.

Because the record reflects the IJ’s written decision was mailed to the…