Jaqueline Aparecida Mendes v. U.S. Attorney General

U.S. Court of Appeals for the Eleventh Circuit

Jaqueline Aparecida Mendes v. U.S. Attorney General

Opinion

USCA11 Case: 24-10199 Document: 8-1 Date Filed: 03/07/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10199 Non-Argument Calendar ____________________

JAQUELINE APARECIDA MENDES, ELIEL SANTOS CHAGAS, MYLENA MENDES CHAGAS, Petitioners, versus U.S. ATTORNEY GENERAL,

Respondent.

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Petition for Review of a Decision of the Board of Immigration Appeals USCA11 Case: 24-10199 Document: 8-1 Date Filed: 03/07/2024 Page: 2 of 2

2 Opinion of the Court 24-10199

Agency No. A220-735-150 ____________________

Before WILSON, GRANT, and LUCK, Circuit Judges. PER CURIAM: This appeal is DISMISSED, sua sponte, for lack of jurisdic- tion. The 30-day statutory time limit established in the Immigra- tion and Nationality Act (“INA”) required the petitioners to file a petition for review of the November 30, 2023, decision by the Board of Immigration Appeals (“BIA”) affirming their order of re- moval on or before January 2, 2024. See INA §§ 101(a)(47), 240(c)(1)(A), 8 U.S.C. §§ 1101(a)(47), 1229a(c)(1)(A); INA § 242(b)(1)-(2), 8 U.S.C. § 1252(b)(1)-(2); Fed. R. App. 26(a)(1)(C); see also Dakane v. U.S. Att’y Gen., 399 F.3d 1269, 1272 n.3 (11th Cir. 2005) (“[A] petitioner has 30 days from the date of the final order of removal to seek review in this Court.”). However, the petitioners did not file the petition for review until January 22, 2024. Thus, the petition for review is untimely as to the BIA decision and we lack jurisdiction to review it. See Fed. R. App. P. 15(a)(1); Chao Lin v. U.S. Att’y Gen., 677 F.3d 1043, 1045 (11th Cir. 2012). All pending motions are DENIED as moot. No petition for rehearing may be filed unless it complies with the timing and other requirements of 11th Cir. R. 40-3 and all other applicable rules.

Reference

Status
Unpublished