USCA11 Case: 23-11702 Document: 19-1 Date Filed: 07/21/2023 Page: 1 of 2 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-11702 Non-Argument Calendar ____________________ NELSON OSWALDO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. 23-11702 Court of Appeals for the Eleventh Circuit ca11 11th Cir. Nelson Linares v. U.S. Attorney General 21 July 2023 NEW Unpublished 1dfdc4becb10e7b73ffe6d0d2faeda3d324f4820
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals