U.S. Court of Appeals for the Fourth Circuit, 2005

Monroy Clavijo v. Gonzales

Monroy Clavijo v. Gonzales
U.S. Court of Appeals for the Fourth Circuit · Decided December 27, 2005 · Wilkinson, Luttig, Traxler
159 F. App'x 520

Monroy Clavijo v. Gonzales

Opinion

PER CURIAM:

Pedro Jose Monroy Clavijo petitions this court for review of a decision of the Board of Immigration Appeals (Board) affirming the immigration judge’s ruling finding him removable and denying asylum relief. The Board’s order was entered on May 20, 2005. Monroy Clavijo’s petition for review was filed with this court on June 22, 2005, thirty-two days later.

Pursuant to 8 U.S.C. § 1252(b)(1) (2000), Monroy Clavijo had thirty days from the date of the Board’s final order, or until June 20, 2005, to file a timely petition for review. This time period is “jurisdictional in nature and must be construed with strict fidelity to [its] terms.” Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995). It is “not subject to equitable tolling.” Id. As Monroy Clavijo’s petition for review was not timely filed, we lack jurisdiction to review his claim.

Accordingly, we dismiss the petition for review for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*521 DISMISSED

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