Ramon Puentes v. Alberto Gonzales , 301 F. App'x 579 ( 2008 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 07-2780
    ___________
    Ramon Zamora Puentes,                *
    *
    Petitioner,              *
    * Petition for Review of
    v.                             * an Order of the Board
    * of Immigration Appeals.
    1
    Michael J. Mukasey, United States    *
    Attorney General,                    * [UNPUBLISHED]
    *
    Respondent.              *
    ___________
    Submitted: December 1, 2008
    Filed: December 8, 2008
    ___________
    Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Ramon Zamora Puentes petitions for review of an order of the Board of
    Immigration Appeals (BIA) affirming an Immigration Judge’s denial of cancellation
    of removal. Because we conclude that Puentes’s petition for review was untimely
    filed more than 30 days after the BIA issued its final order of removal, we lack
    jurisdiction to review the order. See 8 U.S.C. § 1252(b)(1) (“The petition for review
    1
    Michael J. Mukasey has been appointed to serve as Attorney General of the
    United States, and is substituted as respondent pursuant to Federal Rule of Appellate
    Procedure 43(c).
    must be filed not later than 30 days after the date of the final order of removal.”); Fed.
    R. App. P. 26(a) (computation of time); Boudaguian v. Ashcroft, 
    376 F.3d 825
    , 827
    (8th Cir. 2004) (order denying relief from removal is final when issued and must be
    appealed within statutorily prescribed period; this court has no jurisdiction when
    petition for review is filed outside that 30-day period).
    Accordingly, we dismiss the petition.
    ______________________________
    -2-
    

Document Info

Docket Number: 07-2780

Citation Numbers: 301 F. App'x 579

Judges: Wollman, Smith, Gruender

Filed Date: 12/8/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024