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denying his motion for reopening * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. 1 The Board of Immigration Appeals referred to the Petitioner as “ONEAL.” The Department of Justice listed him as “Carl Oneal a.k.a Carl O'Neal.” Because his briefing before our court refers to himself as “O’Neal,” we will use that nomenclature. 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is DISMISSED. 2 21-60556 Court of Appeals for the Fifth Circuit ca5 5th Cir. Oneal v. Garland 21 March 2022 Immigration Unpublished a701bdad1040c2148707639fc17729ca7f74d7e7
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals