HERNANDEZ ARGUETA v. SESSIONS III (2018)

Romulo Hernandez Argueta, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from the immigration judge's denial of his applications for withholding of removal and protection under the Convention Against Torture. We dismiss the petition for review for lack of jurisdiction because it was untimely filed.

“The petition for review must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252(b)(1) (2012). This time period is “jurisdictional in nature and must be construed with strict fidelity to [its] terms.” Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 131 L.Ed.2d 465 (1995). It is “not subject to equitable tolling.” Id.

The Board's decision was issued on March 1, 2018. Pursuant to 8 U.S.C. § 1252(b)(1), Hernandez Argueta had thirty days, or until Monday, April 2, 2018, to timely file the petition for review. See Fed. R. App. P. 26(a)(1)(C). Hernandez Argueta's petition for review, which was filed at the earliest on April 9, 2018, is clearly untimely. Accordingly, we dismiss the petition for review for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DISMISSED

PER CURIAM:

Petition dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.