ALALI-AMIN v. MUKASEY
The Ninth Circuit Court of Appeals today released an opinion in ALALI-AMIN v. MUKASEY, No. 06-75411, an administrative appeal. The panel consisted of William C. Canby, Jr., and Milan D. Smith, Jr., Circuit Judges, and Stephen G. Larson, District Judge.
LARSON, District Judge:
Sayed Mohamad Alali-Amin, a native and citizen of Iran, petitions for review of the Board of Immigration Appeals’ (”BIA”) decision dismissing his appeal from the immigration judge’s (”IJ”) denial of his motion to reopen as untimely. For the reason set forth below, we deny the petition. The REAL ID Act, 8 U.S.C. § 1252(a)(2)(D), confers jurisdiction upon this court to review constitutional claims and questions of law related to an order of removal. Petitioner was admitted to the United States on August 14, 1983, on a six-month, non-immigrant visa. On December 6, 1983, his status was changed to student, and he was authorized to remain for the duration of that status. On September 9, 1988, petitioner filed an application for asylum, which was denied on March 7, 1990, and petitioner was subjected to deportation proceedings because he failed to comply with the conditions of his status. On June 20, 1990, an Immigration Judge (”IJ”) found petitioner deportable and issued a deporta. . .