IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 12, 2009
No. 08-60634
Summary Calendar Charles R. Fulbruge III
Clerk
HAI VAN TRAN
Petitioner
v.
ERIC H HOLDER, JR, U S ATTORNEY GENERAL
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A25 052 331
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Petitioner Hai Van Tran, a native and citizen of Vietnam, petitions this
court to review the decision of the Board of Immigration Appeals (BIA)
dismissing his appeal from the immigration judge’s (IJ) order denying his
application for a waiver of inadmissibility and ordering his removal. Tran
argues that because he timely filed his § 212(c) waiver application, 8 U.S.C. §
1182(c), the IJ and the BIA erred in determining that under 8 C.F.R. § 1003.31
he waived his right to § 212(c) relief. Tran further argues that because he timely
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
No. 08-60634
filed his application, he was entitled to a hearing on it under the rubric of
procedural due process.
Under § 1003.31(c), “[i]f an application or document is not filed within the
time set by the Immigration Judge, the opportunity to file that application or
document shall be deemed waived.” Neither the IJ nor the BIA erred in
determining that Tran failed to file his § 212(c) waiver application within the
time set by the immigration judge and that, as a result, Tran waived his right
to apply for § 212(c) relief. See §1003.31.
AFFIRMED.
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