Nelson Linares v. U.S. Attorney General

USCA11 Case: 23-11702 Document: 19-1 Date Filed: 07/21/2023 Page: 1 of 2

[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit ____________________

No. 23-11702

Non-Argument Calendar ____________________

NELSON OSWALDO LINARES,

Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent. ____________________

Petition for Review of a Decision of the

Board of Immigration Appeals Agency No. A216-462-840 ____________________

USCA11 Case: 23-11702 Document: 19-1 Date Filed: 07/21/2023 Page: 2 of 2 2 Opinion of the Court 23-11702 Before JORDAN, NEWSOM, and ABUDU, Circuit Judges.

PER CURIAM:

Respondent’s motion to dismiss this petition for review for lack of jurisdiction is GRANTED. Petitioner seeks review of the Board of Immigration Appeals’ March 21, 2023 order affirming the Immigration Judge’s final order of removal. However, the petition for review was not filed with us until May 19, 2023 at the earliest, which is the date the petition was postmarked. See Fed. R. App. P. 25(a)(2)(A)(iii). Accordingly, the petition for review is untimely and cannot invoke our jurisdiction. See INA § 242(b)(1), 8 U.S.C. § 1252(b)(1) (providing that a petition for review must be filed no later than 30 days after the date of the final order of removal); Stone v. INS, 514 U.S. 386, 405 (1995) (stating that the statutory time limit is mandatory and jurisdictional and not subject to equitable toll- ing).

Accordingly, this petition is DISMISSED. All other pending motions are DENIED as MOOT.