ARREAGA BORRAYES v. BARR (2020)

Olinda Arreaga-Borrayes and her minor daughter, natives and citizens of Guatemala, petition for review of the order of the Board of Immigration Appeals (“Board”) dismissing their appeal from the immigration judge's (“IJ”) decision denying Arreaga-Borrayes’ applications for asylum, withholding of removal, and protection under the Convention Against Torture. The Board dismissed the appeal because the notice of appeal was not timely filed within 30 days of the mailing of the IJ's decision. Because the Petitioners failed to exhaust administrative remedies, we lack authority to review the final order. See 8 U.S.C. § 1252(d)(1) (2018) (requiring exhaustion of administrative remedies); 8 U.S.C. § 1101(a)(47)(B)(ii) (2018) (order becomes final after expiration of the period in which the alien is permitted to seek review).

Accordingly, because the Petitioners failed to exhaust administrative remedies, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this 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Petition dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.