RANI v. WHITAKER (2019)

Ramer Rani petitions for review of an agency decision denying her motion to reopen her 1990 deportation proceedings. The Board of Immigration Appeals denied relief on May 23, 2017; Rani’s counsel filed a petition for review (in the wrong court) 31 days later. See Rani v. Sessions, No. 17-71843, ECF No. 1-3 (9th Cir. June 23, 2017). That is one day too late. A petition for review must be filed within “30 days after the date of the final order of removal,” including denial of a motion to reopen. 8 U.S.C. § 1252(b)(1), (b)(6). That deadline is jurisdictional. See Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir. 2003).

Rani argues she should have three extra days under Federal Rule of Civil Procedure 6(d) because she received the BIA’s order by mail. Of course, that rule does not apply to filings in this Court. And in all events, neither that rule nor its counterpart in Federal Rule of Appellate Procedure 26(c) applies to deadlines triggered by BIA orders. See, e.g., Hong v. Smith, 129 F.3d 824, 825 (5th Cir. 1997). Accordingly, we DISMISS Rani’s petition for lack of jurisdiction.

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PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.