Unpublished Disposition, 849 F.2d 1475 (9th Cir. 1987)

MEMORANDUM^* 

Diaz-Lainez appeals from the Board of Immigration Appeals (BIA) dismissal of his appeal from an immigration judge's decision to deny petitioner withholding of deportation or asylum. The immigration judge ordered the petitioner deported. The BIA decision was rendered on February 5, 1987. Diaz-Lainez' petition for review was filed with this court on August 6, 1987, six months and one day after the BIA decision.

8 U.S.C. § 1105a(a) (1) (Time for filing petition) provides that a petition for review of a BIA decision "may be filed not later than six months from the date of the final deportation order...." The six month time period of section 1105a(a) (1) is mandatory and jurisdictional. Lee v. INS, 685 F.2d 343, (9th Cir. 1982) (per curiam); see Chudshevid v. INS, 641 F.2d 780, 783-84 (9th Cir. 1981). See also Te Kuei Liu v. INS, 645 F.2d 279, 283 (5th Cir. Unit A May 1981) (failure to file appeal is forfeiture of right to review). Because Diaz-Lainez' petition for review was filed late it is untimely. The petition for review is hereby dismissed for lack of jurisdiction.

APPEAL DISMISSED.