Torres Bautista v. Holder

FILED NOT FOR PUBLICATION MAY 05 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DANIEL TORRES BAUTISTA and No. 07-72945 YADIRA DOMINGUEZ DE TORRES, Agency Nos. A095-178-011 Petitioners, A095-178-012 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 2, 2011 ** Pasadena, California 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2