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IRIGOYEN-BRIONES v. HOLDER

No. 07-71806.

644 F.3d 943 (2011)

Guillermo IRIGOYEN-BRIONES, aka Jose Vega-Ramirez, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 31, 2011.

Attorney(s) appearing for the Case

Charles E. Nichol , San Francisco, California, for the petitioner.

Charles E. Canter , (argued), United States Department of Justice, Washington, D.C., and Luis E. Perez , (briefed), United States Department of Justice, for the respondent.

Before: EUGENE E. SILER, ANDREW J. KLEINFELD, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

KLEINFELD, Circuit Judge:

We address1 whether the thirty-day deadline for filing a notice of appeal with the Board of Immigration Appeals (BIA) is jurisdictional.

I. Facts

Guillermo Irigoyen-Briones, a native and citizen of Mexico, entered the United States illegally in 1991. In 2003, United States Immigration and Customs Enforcement commenced removal proceedings against him.2

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