Santiago

MEMORANDUM **

Raul Noriega Santiago, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal as untimely. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Reviewing de novo, Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993), we deny in part and dismiss in part the petition for review.

The BIA did not err or violate due process by dismissing Noriega Santiago’s appeal. He filed his notice of appeal more than 30 days after the immigration judge’s (“IJ”) decision, and the 30-day time limit for filing a notice of appeal is ordinarily mandatory and jurisdictional. See Vlaicu v. INS, 998 F.2d 758, 759 (9th Cir.1993) (per curiam).

Jurisdiction over an untimely appeal may exist in unique circumstances when a party is “misled by the words or conduct of the court” into believing that his appeal was timely. Id. at 760 (misleading agency information regarding filing deadline); see also Shamsi v. INS, 998 F.2d 761, 762-63 (9th Cir.1993) (per curiam) (misleading agency information regarding how and where to file). Unique circumstances do not exist here because the filing receipt and briefing schedule…