Bogonis v. United States Immigration & Naturalization Service

Second Circuit

Bogonis v. United States Immigration & Naturalization Service

147 F. App'x 216

CourtCourt of Appeals for the Second Circuit

DecidedAugust 31, 2005

DocketDocket No. 02-4861

StatusPublished

This text of 147 F. App'x 216 (Bogonis v. United States Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bogonis v. United States Immigration & Naturalization Service, 147 F. App'x 216 (2d Cir. 2005).

Pincite

Opinion

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the petition for review of the order of the Board of Immigration Appeals be and hereby is DISMISSED.

Petitioner Ihor Bogonis seeks review of an October 30, 2002, Board of Immigration Appeals (“BIA”) order affirming the July 16, 1999, decision of an immigration judge (“IJ”) denying his application for asylum and withholding of removal, and ordering him to depart the United States voluntarily. In his petition, Bogonis argues that the BIA erred in determining that he was ineligible for asylum and withholding of removal. The government asserts that the petition is untimely and, in any event, that the BIA’s decision was supported by substantial evidence. Familiarity with the facts and procedural history is assumed.

We conclude that we lack jurisdiction to consider Bogonis’s petition because it was [217]*217not timely filed; we, therefore, dismiss the petition. Section 1252(b)(1) of Title 8 of the United States Code provides that “[a] petition for review must be filed not later than 30 days after the date of the final order of removal.” See also Malvoisin v. INS, 268 F.3d 74, 75-76 (2d Cir.2001). The BIA issued its final order on October 30, 2002, when it affirmed the IJ’s opinion and ordered Bogonis to depart the country voluntarily. Bogonis’s petition to this court was filed on December 3, 2002— more than 30 days after the BIA’s decision. “[C]ompliance with the time limit for filing a petition to review the BIA’s final order is a strict jurisdictional prerequisite.” Id. at 75. Because “we have no authority to consider” untimely petitions, we lack jurisdiction and dismiss Bogonis’s petition. Id. (internal quotation marks omitted).

We have carefully considered Bogonis’s remaining arguments and find them to be without merit.

For the reasons set forth above, the petition for review of the decision of the Board of Immigration Appeals is hereby DISMISSED.

Free access — add to your briefcase to read the full text and ask questions with AI

SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the petition for review of the order of the Board of Immigration Appeals be and hereby is DISMISSED.

Petitioner Ihor Bogonis seeks review of an October 30, 2002, Board of Immigration Appeals (“BIA”) order affirming the July 16, 1999, decision of an immigration judge (“IJ”) denying his application for asylum and withholding of removal, and ordering him to depart the United States voluntarily. In his petition, Bogonis argues that the BIA erred in determining that he was ineligible for asylum and withholding of removal. The government asserts that the petition is untimely and, in any event, that the BIA’s decision was supported by substantial evidence. Familiarity with the facts and procedural history is assumed.

We conclude that we lack jurisdiction to consider Bogonis’s petition because it was [217]*217not timely filed; we, therefore, dismiss the petition. Section 1252(b)(1) of Title 8 of the United States Code provides that “[a] petition for review must be filed not later than 30 days after the date of the final order of removal.” See also Malvoisin v. INS, 268 F.3d 74, 75-76 (2d Cir.2001). The BIA issued its final order on October 30, 2002, when it affirmed the IJ’s opinion and ordered Bogonis to depart the country voluntarily. Bogonis’s petition to this court was filed on December 3, 2002— more than 30 days after the BIA’s decision. “[C]ompliance with the time limit for filing a petition to review the BIA’s final order is a strict jurisdictional prerequisite.” Id. at 75. Because “we have no authority to consider” untimely petitions, we lack jurisdiction and dismiss Bogonis’s petition. Id. (internal quotation marks omitted).

We have carefully considered Bogonis’s remaining arguments and find them to be without merit.

For the reasons set forth above, the petition for review of the decision of the Board of Immigration Appeals is hereby DISMISSED.

Cite This Page — Counsel Stack

Bluebook (online)

147 F. App'x 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bogonis-v-united-states-immigration-naturalization-service-ca2-2005.

Opinion

Related

Cite This Page — Counsel Stack