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Keywords

tortjurisdictionattorneyappealmotionwillasylumdeportationnaturalizationrespondent
tortjurisdictionattorneyappealmotionwillasylumdeportationnaturalizationrespondent

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Sankarapillai v. Ashcroft

Facts

Petitioner Kukarajah Sankarapillai is a native and citizen of Sri Lanka who entered the United States in April 2002. The Immigration and Naturalization Service initiated removal proceedings against him on the grounds that he had sought to gain admission to the United States without possession of a valid entry document and by fraud or willfully misrepresenting a material fact. Petitioner admitted the facts alleged by the INS and conceded removability, but filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. The basis for petitioner's asylum claim was an allegation that he had been mistreated by the Sri Lankan government. The Immigration Judge rejected petitioner's asylum claim, concluding that he had failed to introduce corroborating evidence in support of his claims.

Petitioner Kukarajah Sankarapillai is a native and citizen of Sri Lanka who entered the United States in April 2002. The Immigration and Naturalization Service initiated removal proceedings against him on the grounds that he had sought to gain admission to the United States without possession of a valid entry document and by fraud or willfully misrepresenting a material fact. Petitioner admitted the facts alleged by the INS and conceded removability, but filed an application for asylum, withholding of removal, and protection under the Convention Against Torture. The basis for petitioner's asylum claim was an allegation that he had been mistreated by the Sri Lankan government. The Immigration Judge rejected petitioner's asylum claim, concluding that he had failed to introduce corroborating evidence in support of his claims.

Issue

Whether the petition for review was timely filed under the jurisdictional requirement of the Immigration and Nationality Act.

Whether the petition for review was timely filed under the jurisdictional requirement of the Immigration and Nationality Act.

Rule

Pursuant to 242(b)(1) of the Immigration and Nationality Act, a petition for review must have been filed not later than 30 days after the date of the final order of removal.

Pursuant to 242(b)(1) of the Immigration and Nationality Act, a petition for review must have been filed not later than 30 days after the date of the final order of removal.

Analysis

The court found that the BIA issued the final order of removal on March 18, 2003, making the petition for review due on April 17, 2003. The petition was received by the court on April 18, which was one day late. The court noted that the 30-day deadline for filing a petition for review of a final order of removal is a jurisdictional requirement, and therefore, it lacked authority to extend the deadline.

The court found that the BIA issued the final order of removal on March 18, 2003, making the petition for review due on April 17, 2003. The petition was received by the court on April 18, which was one day late. The court noted that the 30-day deadline for filing a petition for review of a final order of removal is a jurisdictional requirement, and therefore, it lacked authority to extend the deadline.

Conclusion

The petition for review was dismissed for lack of jurisdiction. The motion for a stay of deportation pending appeal was denied as moot.

The petition for review was dismissed for lack of jurisdiction. The motion for a stay of deportation pending appeal was denied as moot.

Who won?

The Respondent Attorney General prevailed in the case because the court found the petition for review was untimely, thus lacking jurisdiction to consider it.

The Respondent Attorney General prevailed in the case because the court found the petition for review was untimely, thus lacking jurisdiction to consider it.

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