Gomis
Gomis v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Antoine Gomis, a native of Senegal and citizen of France, petitions pro se for re *660 view of an order of the Board of Immigration Appeals (“BIA”) dismissing as untimely his appeal from an immigration judge’s (“IJ”) decision in asylum-only proceedings denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We deny the petition for review.
The BIA correctly dismissed Gomis’ appeal because it was filed a week late. See Da Cruz v. INS, 4 F.3d 721, 722 (9th Cir.1993); 8 C.F.R. § 1003.38 (b) (requiring the notice of appeal to the BIA to be filed within 30 days of the IJ’s decision). Gom-is’ contention that the “prison mailbox rule,” which deems papers filed when delivered to prison authorities for forwarding to a court clerk, should apply here to render his appeal timely lacks merit because the regulation governing appeals to the BIA defines the date of filing as “the date the Notice is received by the Board.” 8 C.F.R. § 1003.38 (c); cf. Nigro v. Sullivan, 40 F.3d 990, 994-96 (9th Cir.1994). Accordingly, we do not reach Gomis’ contentions regarding the underlying merits of the 2005 removal order. See Da Cruz, 4 F.3d…