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No. 8691186
United States Court of Appeals for the Ninth Circuit
Wocar Gomez v. Mukasey
No. 8691186 · Decided November 5, 2008
No. 8691186·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 5, 2008
Citation
No. 8691186
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Eliana Wocar Gomez, a citizen of Chile, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider. We dismiss the petition for review. Wocar Gomez does not dispute that the BIA sent its order denying her motion to reconsider to her address of record, or that counsel did not respond to the BIA’s notice, sent both to Wocar Gomez and counsel, advising that unless counsel submitted a notice of appearance the BIA’s decision would be sent only to Wocar Gomez’ address of record. We lack jurisdiction to consider Wocar Gomez’ petition for review because it was filed more than 30 days after the BIA sent its order to her address of record. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003) (petition for review generally must be filed not later than 30 days after the date of the BIA’s decision). PETITION FOR REVIEW DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Eliana Wocar Gomez, a citizen of Chile, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
Key Points
01MEMORANDUM ** Eliana Wocar Gomez, a citizen of Chile, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
02Wocar Gomez does not dispute that the BIA sent its order denying her motion to reconsider to her address of record, or that counsel did not respond to the BIA’s notice, sent both to Wocar Gomez and counsel, advising that unless counsel subm
03We lack jurisdiction to consider Wocar Gomez’ petition for review because it was filed more than 30 days after the BIA sent its order to her address of record.
04INS, 315 F.3d 1186, 1188 (9th Cir.2003) (petition for review generally must be filed not later than 30 days after the date of the BIA’s decision).
Frequently Asked Questions
MEMORANDUM ** Eliana Wocar Gomez, a citizen of Chile, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reconsider.
FlawCheck shows no negative treatment for Wocar Gomez v. Mukasey in the current circuit citation data.
This case was decided on November 5, 2008.
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