Gopao Singh v. Eric Holder, Jr.

529 F. App'x 845

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 20, 2013
• Docket: 10-73024
• Status: Unpublished

Opinion

MEMORANDUM **

Gopao Gopal Singh, a native and citizen of Nepal, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We dismiss Singh’s petition for review.

A petition for review “must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252(b)(1). The 30-day filing period for a petition for review is mandatory and jurisdictional. See Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995); Magtanong v. Gonzales, 494 F.3d 1190, 1191 (9th Cir.2007) (order) (per cu-riam). “A mandatory and jurisdictional rule cannot be forfeited or waived, and courts lack the authority to create equitable exceptions to such a rule.” Magtanong, 494 F.3d at 1191 (internal citation omitted).

Even with the benefit of the mailbox rule, Singh has not shown he filed his petition for review within the mandatory prescribed time, because Singh did not direct that the petition for review be filed with the court when he first gave it to prison officials for mailing. See Houston v. Lack, 487 U.S. 266, 273, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) (“delivery of a notice of appeal to prison authorities would not under any theory constitute a ‘filing’ unless the notice were delivered for forwarding to the ... court.”). Thus, we dismiss Singh’s petition for review and deny all pending motions as moot. See Magtanong, 494 F.3d at 1191-92.

PETITION FOR REVIEW DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.