U.S. Court of Appeals for the Fourth Circuit, 2005

Miller v. Gonzales

Miller v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided July 26, 2005 · Niemeyer, Luttig, Traxler
139 F. App'x 566

Miller v. Gonzales

Opinion

PER CURIAM:

Meley Miller, a native and citizen of Ethiopia, seeks review of an order of the Board of Immigration Appeals (Board) denying her motion to reopen removal proceedings. Petitions for review of a final order of the Board must be filed no later than thirty days after the date of the final order of removal. 8 U.S.C. § 1252(b)(1) (2000). The Board’s order is dated October 20, 2004. Thus Miller’s petition for review was due to be filed by November 19, 2004. As Miller filed the petition for review on November 22, 2004, we find that her petition is untimely.

Accordingly, we dismiss the petition for review for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DISMISSED

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