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No. 8641711
United States Court of Appeals for the Ninth Circuit
Shalaby v. Gonzales
No. 8641711 · Decided June 19, 2007
No. 8641711·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
June 19, 2007
Citation
No. 8641711
Disposition
See opinion text.
Full Opinion
ORDER Tamer Sobhy Benyamin Shalaby seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his asylum application. The BIA issued a final order of removal on September 14, 2004, and Benyamin Shalaby filed his petition for review on October 15, 2004, one day beyond the thirty-day filing deadline. See 8 U.S.C. § 1252 (b)(1). Because the record contains no sworn verification by counsel that he actually faxed a copy of the petition one day before the deadline and no such copy is on file, we must dismiss the petition for review as untimely. See Sheviakov v. INS, 237 F.3d 1144, 1146 (9th Cir.2001) (“Th[e] deadline for filing [a petition for review] is jurisdictional, and so there is nothing we can do about it if the filing came one day late.” (footnote omitted)). DISMISSED.
Plain English Summary
ORDER Tamer Sobhy Benyamin Shalaby seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his asylum application.
Key Points
01ORDER Tamer Sobhy Benyamin Shalaby seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his asylum application.
02The BIA issued a final order of removal on September 14, 2004, and Benyamin Shalaby filed his petition for review on October 15, 2004, one day beyond the thirty-day filing deadline.
03Because the record contains no sworn verification by counsel that he actually faxed a copy of the petition one day before the deadline and no such copy is on file, we must dismiss the petition for review as untimely.
04INS, 237 F.3d 1144, 1146 (9th Cir.2001) (“Th[e] deadline for filing [a petition for review] is jurisdictional, and so there is nothing we can do about it if the filing came one day late.” (footnote omitted)).
Frequently Asked Questions
ORDER Tamer Sobhy Benyamin Shalaby seeks review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an Immigration Judge’s (“IJ”) denial of his asylum application.
FlawCheck shows no negative treatment for Shalaby v. Gonzales in the current circuit citation data.
This case was decided on June 19, 2007.
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