00-9513 -- Torres-Juarez v. Immigration & Naturalization Service -- 05/22/2000

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UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

BALDEMAR TORRES-JUAREZ,

Petitioner,

IMMIGRATION & NATURALIZATION SERVICE,

Respondent.

No. 00-9513

(Petition for Review)

(No. A90700918)

ORDER AND JUDGMENT^(*)

Before BRORBY, EBEL, and MURPHY, Circuit Judges.

On May 18, 2000, petitioner filed a petition from review from the Bureau of Immigration Appeals' decision dated April 6, 2000. He seeks an emergency stay of deportation pending our review of the petition.

This case is governed by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. No. 104-208, 110 Stat. 3009, which was enacted on September 30, 1996. Under the transitional rules of that statute, applicable to petitioner's case, petitioner had thirty days from the agency's final order of deportation to file his petition for review. See IIRIRA § 309(c)(4). Because petitioner filed his petition for review more than thirty days after the BIA's decision, his petition for review is untimely.

The stay motion and petition for review are DISMISSED.

ENTERED FOR THE COURT

PER CURIAM

FOOTNOTES
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^*. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

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