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No. 8700196
United States Court of Appeals for the Ninth Circuit
Astete-Diaz v. Sessions
No. 8700196 · Decided October 3, 2017
No. 8700196·Ninth Circuit · 2017·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 3, 2017
Citation
No. 8700196
Disposition
See opinion text.
Full Opinion
MEMORANDUM * Manuel Antonio Astete-Diaz, a native and citizen of Chile, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision granting voluntary departure. We dismiss the petition for review. We lack jurisdiction to consider Astete-Diaz’s challenges to the BIA’s April 2012 order denying his due process claims re *549 garding a continuance and asylum relief, where this petition for review is not timely as to that order. See 8 U.S.C. § 1252 (b)(1) (“The petition for review must be filed not later than 30 days after the date of the final order of removal.”); Rizo v. Lynch, 810 F.3d 688, 691 (9th Cir. 2016) (a BIA order remanding solely for voluntary departure proceedings is a final order of removal). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Plain English Summary
MEMORANDUM * Manuel Antonio Astete-Diaz, a native and citizen of Chile, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision granting voluntary departure.
Key Points
01MEMORANDUM * Manuel Antonio Astete-Diaz, a native and citizen of Chile, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision granting voluntary departure.
02We lack jurisdiction to consider Astete-Diaz’s challenges to the BIA’s April 2012 order denying his due process claims re *549 garding a continuance and asylum relief, where this petition for review is not timely as to that order.
03§ 1252 (b)(1) (“The petition for review must be filed not later than 30 days after the date of the final order of removal.”); Rizo v.
042016) (a BIA order remanding solely for voluntary departure proceedings is a final order of removal).
Frequently Asked Questions
MEMORANDUM * Manuel Antonio Astete-Diaz, a native and citizen of Chile, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision granting voluntary departure.
FlawCheck shows no negative treatment for Astete-Diaz v. Sessions in the current circuit citation data.
This case was decided on October 3, 2017.
Use the citation No. 8700196 and verify it against the official reporter before filing.