U.S. Court of Appeals for the Eighth Circuit, 2011

Margoth Villalobos v. Eric H. Holder, Jr.

Margoth Villalobos v. Eric H. Holder, Jr.
U.S. Court of Appeals for the Eighth Circuit · Decided May 19, 2011 · Wollman, Bowman, Smith
417 F. App'x 610

Margoth Villalobos v. Eric H. Holder, Jr.

Opinion

PER CURIAM.

Guatemalan citizen Margoth Villalobos petitions for review of an order of the Board of Immigration Appeals (BIA) denying an emergency stay of removal, and the BIA’s later decision on her motion to reopen. We lack jurisdiction to review the BIA’s denial of a stay because it is not a final order of removal, see 8 U.S.C. § 1252; Mapoy v. Carroll, 185 F.3d 224, 230 (4th Cir. 1999), and Villalobos’s petition for review of the BIA’s decision on her motion to reopen is untimely, see 8 U.S.C. § 1252(b)(1); Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995). Accordingly, we dismiss the petitions.

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