Herminio Agkis Mata, Petitioner, v. United States Immigration and Naturalization Service, Respondent, 988 F.2d 120 (9th Cir. 1993)

MEMORANDUM^** 

Herminio Agkis Mata, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' ("BIA") decision holding that Mata's departure from the United States terminated his appeal. We dismiss Mata's petition for lack jurisdiction.

" [A] petition for review may be filed not later than 90 days after the date of the issuance of the final deportation order...." 8 U.S.C. § 1105(a) (1). This filing deadline is "mandatory and jurisdictional." Lee v. INS, 685 F.2d 343, 343 (9th Cir. 1982) (per curiam).

Here, Mata's final order of deportation was issued by the BIA on May 19, 1992. His petition for review was filed with this court 93 days later, on August 20, 1992. Accordingly, because Mata's petition is untimely, we dismiss his appeal for lack of jurisdiction. See id.

DISMISSED.