Rudolph Lloyd Brown v. U.S. Attorney General

Case: 16-16540 Date Filed: 04/13/2018 Page: 1 of 4 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16540 Non-Argument Calendar ________________________ Agency No. A042-465-069 RUDOLPH LLOYD BROWN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent . ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (April 13, 2018) Before WILSON, JULIE CARNES, and HULL, Circuit Judges. PER CURIAM: Case: 16-16540 Date Filed: 04/13/2018 Page: 2 of 4 Rudolph Lloyd Brown seeks review of the Board of Immigration Appeals’ (BIA) final order affirming the Immigration Judge’s (IJ) denial of his application for cancellation of removal under Immigration and Nationality Act (INA) § 240A(a), 8 U.S.C. § 1229b(a), and his motion for a continuance under 8 C.F.R. § 1003.29. Brown argues that the BIA erred in concluding that he was ineligible for cancellation of removal because he had previously been granted a waiver of inadmissibility under the former INA § 212(c), 8 U.S.C. § 1182(c) (1996). He contends that the order purporting to grant him the waiver was a forgery, and that the BIA erred in affirming the denial of his motion for a continuance to have an expert document examiner look at the prior decision. He also challenges a June 15, 2017 BIA order denying his motion to reopen proceedings after he hired the expert. As an initial matter, however, we must consider whether we have jurisdiction to consider Brown’s arguments. This court reviews its own subject matter jurisdiction de novo. Gonzalez- Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332 (11th Cir. 2003) (per curiam). Ordinarily, we review the BIA decision as the final agency decision, but we also review the IJ decision if the BIA adopted it, or to the extent that the BIA expressly agreed with its reasoning. Ayala v. U.S. Att’y Gen., 605 F.3d 941, 947–48 (11th Cir. 2010); Kazemzadeh v. U.S. Att’y Gen., 577 F.3d 1341, 1350 (11th Cir. 2009). But our jurisdiction to review many BIA decisions is limited. 2 Case: 16-16540 Date Filed: 04/13/2018 Page: 3 of 4 First, a petition for review must be filed no later than 30 days after the date of the final order of removal. INA § 242(b)(1), 8 U.S.C. § 1252(b)(1). This statutory time limit is mandatory, jurisdictional, and not subject to equitable tolling. Chao Lin v. U.S. Att’y Gen., 677 F.3d 1043, 1045 (11th Cir. 2012). Second, this court’s jurisdiction to review orders of removal is further limited by INA § 242(a)(2)(C), 8 U.S.C. § 1252(a)(2)(C), which provides that “no court shall have jurisdiction to review any final order of removal against an [undocumented immigrant] who is removable by reason of having committed a criminal offense covered in [INA § 237(a)(2)(B)].” Third, this court also lacks jurisdiction to review a discretionary decision by the BIA to deny cancellation of removal under INA § 240A(a); 8 U.S.C. § 1229b(a). See INA § 242(a)(2)(B)(i), 8 U.S.C. § 1252(a)(2)(B)(i); Jimenez-Galicia v. U.S. Att’y Gen., 690 F.3d 1207, 1209 (11th ...

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