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Bautista v. Holder

United States Court of Appeals, Ninth Circuit
May 5, 2011
431 F. App'x 583 (9th Cir. 2011)

Opinion

No. 07-72945.

Submitted May 2, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed May 5, 2011.

Daniel Torres. Bautista, Fullerton, CA, pro se.

Yadira Dominguez De Torres, Fullerton, CA, pro se.

OIL, Holly Smith, Esquire, Trial, Linda S. Wendtland, Esquire, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A095-178-011, A095-178-A12.

Before: SILVERMAN, TALLMAN, and CLIFTON, Circuit Judges.



Daniel Torres Bautista and Yadira Dominguez de Torres, husband and wife and natives and citizens of Mexico, petition for review of the Board of Immigration Appeals' ("BIA") order denying their motion to reopen based on ineffective assistance of counsel. We dismiss the petition for review.

The petition for review is dismissed for lack of jurisdiction because it was filed out of time. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003) (noting that the 30-day time limit for filing is mandatory and jurisdictional, and begins to run when the BIA mails its decision to petitioner's counsel of record).

PETITION FOR REVIEW DISMISSED.


Summaries of

Bautista v. Holder

United States Court of Appeals, Ninth Circuit
May 5, 2011
431 F. App'x 583 (9th Cir. 2011)
Case details for

Bautista v. Holder

Case Details

Full title:Daniel Torres BAUTISTA and Yadira Dominguez De Torres, Petitioners, v…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 5, 2011

Citations

431 F. App'x 583 (9th Cir. 2011)