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SMITH v. CONNER

No. 00-41263 Summary Calendar.

250 F.3d 277 (2001)

Harrison SMITH, Petitioner-Appellant, v. N.L. CONNER, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 2001.

Attorney(s) appearing for the Case

Harrison Smith, Texarkana, TX, pro se.

Dane H. Smith, Tyler, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:

Harrison Smith appeals the denial of his petition for writ of habeas corpus. He argues that the "mailbox" rule applies to appeals by pro se prisoners to the Board of Immigration Appeals, and thus his appeal, which was mailed but not received on the deadline for filing an appeal, should not have been dismissed as untimely. Because the regulations governing appeals to the BIA clearly require receipt of the appeal by the filing deadline, we reject...

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