MOTA BRAGA v. BARR (2020)

Edgar Mota-Braga, a native and citizen of Brazil, petitions for review of an order of the Board of Immigration Appeals (Board) denying his motion to reopen. The Attorney General moves to dismiss the petition for review for lack of jurisdiction on the ground that the petition was untimely filed. The Board's decision was issued on August 11, 2020. Mota-Braga had 30 days from this date, or until September 10, 2020, to timely file a petition for review in this Court. See 8 U.S.C. § 1252(b)(1). 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 petition for review, dated September 1, 2020, and mailed on September 14, 2020, was filed on September 17, 2020, after the expiration of the deadline. We accordingly grant the Attorney General's motion to 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 this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Petition dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.