Opinion
No. 99 C 3619
October 27, 2000
MEMORANDUM OPINION AND ORDER
Petitioner entered the United States without inspection in 1993. A request for asylum was denied and an Order to Show Cause was issued November 18, 1994. An Immigration Judge denied his application for asylum on November 12, 1996, and the ruling was affirmed by the Board of Immigration Appeals on October 19, 1998. Petitioner alleges that his counsel failed to file a timely petition for review with the Seventh Circuit. Despite his contention that the one-month late appeal was due to ineffective assistance of counsel and that his petition should be heard, the Court of Appeals dismissed his petition as untimely on May 19, 1999.
This petition for a writ of habeas corpus followed. The government moved to dismiss, petitioner responded and the government did not file a reply. The absence of a reply caused this court to overlook the motion until recently. We now grant the motion to dismiss.
The deportation order became final following the dismissal of the petition for review. Whatever review was available was before the court of appeals, and it has ruled. This court has no jurisdiction to review the execution of a removal order. 8 U.S.C. § 1252 (g), Reno v. American-Arab Anti-Discrimination Committee, 525 U.S. 471 (1999); Fedorca v. Perryman, 197 F.3d 236 (7th Cir. 1999). The petition is dismissed.