Himani, et al v. Gonzales

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 29, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-61092
Summary Calendar
SULTAN ALI HIMANI; SHAHEEN HIMANI,
Petitioners,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 011 598
BIA No. A79 011 597
--------------------
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Sultan Ali Himani and Shaheen Himani seek review of an order
of the Board of Immigration Appeals (BIA) that dismissed their
appeal of the immigration judge’s denial of their claim for
withholding of removal.
A petition for review must be filed not later than 30 days
after the date of the final order of removal. 8 U.S.C.
§ 1252(b)(1). The 30-day deadline began to run in this case on
October 25, 2005, when the BIA issued its decision and wrote a
letter to counsel notifying him of the decision. See

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No. 05-61092
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Karimian-Kaklaki v. INS, 997 F.2d 108, 110-11 (5th Cir. 1993).
The deadline expired on November 24, 2005. The petition for
review, filed on November 28, 2005, was filed after the
expiration of the deadline. See Stone v. INS, 514 U.S. 386, 405
(1995); Navarro-Miranda v. Ashcroft, 330 F.3d 672, 676 (5th Cir.
2003); but see Eberhart v. United States, 126 S. Ct. 403
(2005)(distinguishing between filing deadlines that are claim-
processing rules and those that are rules governing subject-
matter jurisdiction).
PETITION DISMISSED FOR LACK OF JURISDICTION.

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