Joaquim Paulo Da Cruz v. Immigration and Naturalization Service

BEEZER, Circuit Judge:

Joaquim Paulo Da Cruz, a lawful permanent resident of the United States and a native of Portugal, appeals the Board of Immigration Appeals’ (“BIA”) decision reversing the original order of the Immigration Judge and ordering Da Cruz deported. On appeal, Da Cruz claims that the BIA did not have jurisdiction in this case because the Immigration and Naturalization Service (“INS”) filed an untimely appeal. We review de novo whether the BIA had jurisdiction to consider an untimely appeal. Montes v. Thornburgh, 919 F.2d 531, 534 (9th Cir.1990). We grant the petition for review…