Oneal v. Garland

Case: 21-60556 Document: 00516246432 Page: 1 Date Filed: 03/21/2022

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 21, 2022 No. 21-60556 Lyle W. Cayce Summary Calendar Clerk

Carl Oneal,

Petitioner, versus

Merrick Garland, U.S. Attorney General,

Respondent.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A097 506 241

Before Wiener, Dennis, and Haynes, Circuit Judges.

Per Curiam:*

Carl O’Neal 1 is a native and citizen of Guyana. He seeks review of a Board of Immigration Appeals (BIA) order denying his motion for reopening Case: 21-60556 Document: 00516246432 Page: 2 Date Filed: 03/21/2022

No. 21-60556 and reconsideration. The petition for review is dismissed for lack of jurisdiction.

The BIA’s order was issued on June 9, 2021. This court did not receive O’Neal’s petition until July 13, 2021, after the thirty-day window for timely filing had closed. See 8 U.S.C. § 1252(b)(1). The time limit for filing a petition for review is “mandatory and jurisdictional.” Stone v. INS, 514 U.S. 386, 405 (1995) (quoting Mo. v. Jenkins, 495 U.S. 33, 45 (1990)). O’Neal’s petition is signed and dated July 2, 2021. His declaration only states that his petition was “executed” on July 2, 2021. It does not state when the petition was mailed, or include a postmark establishing the date of mailing. See Fed. R. App. P. 25(a)(2)(A)(iii). In its response, the Government pointed out this problem, yet in his reply, O’Neal once again said only that it was “executed” on July 2, wholly failing to address the Rule 25(a)(2)(A)(iii) requirements or seek permission to do so. Accordingly, the petition is dismissed for lack of jurisdiction. Stone, 514 U.S. at 405. The petition for review is DISMISSED.