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Smith v. Conner

Because the regulations governing appeals to the BIA clearly require receipt of the appeal by the filing deadline, the petitioner's appeal, which was mailed but not received on the deadline for filing an appeal, was properly dismissed as untimely.

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Summary Calendar

Appeal from the United States District Court for the Eastern District of Texas

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 Smith’s argument and affirm the denial of habeas relief.

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