TORRES SALINAS v. BARR (2020)

MEMORANDUM ***

Sergio Torres Salinas (“Petitioner”) is a native and citizen of Mexico. He petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the decision of an Immigration Judge (“IJ”) denying his application for asylum, withholding of removal, and related relief under the Convention Against Torture (“CAT”) and for cancellation of removal. Because the petition for review was filed more than thirty (30) days after the BIA's decision, we dismiss the petition for lack of jurisdiction.

Under Rule 25 of the Federal Rules of Appellate Procedure, a filing is not timely unless the papers are filed with the clerk within the time allowed, which is thirty days after the date of the final order according to 8 U.S.C. § 1252(b)(1). We strictly construe this rule. See, e.g., Magtanong v. Gonzales, 494 F.3d 1190, 1191 (9th Cir. 2007) (per curiam). The court's electronic filing system reflects that the attempts made by Petitioner's counsel to electronically file this petition for review on January 18, 2014, and January 21, 2014, were unsuccessful as counsel failed to complete the electronic filing process. As noted by the Sheviakov court, “a petition for review is deemed filed not when mailed, but only when the clerk ‘receives’ it.” Sheviakov v. I.N.S., 237 F.3d 1144, 1147 (9th Cir. 2001). Here, we did not receive the petition until January 22, 2014, and thus, we do not have jurisdiction over the petition for review.

PETITION DISMISSED FOR LACK OF JURISDICTION.1

FOOTNOTES

1.   After this case was submitted, Petitioner filed a motion to refer the case to mediation or stay proceedings. (ECF No. 81.) The motion does not make a sufficient showing to stay proceedings. Therefore, the request for a stay is DENIED and the request to refer the case to mediation is deemed MOOT.