Sawaneh v. Barr ( 2019 )

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT April 18, 2019
_________________________________
Elisabeth A. Shumaker
Clerk of Court
IBRAHIM SAWANEH,
Petitioner,
v. No. 19-9518
(Petition for Review)
WILLIAM P. BARR, United States
Attorney General,
Respondent.
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ORDER AND JUDGMENT*
_________________________________
Before LUCERO, BACHARACH, and PHILLIPS, Circuit Judges.
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Ibrahim Sawaneh has filed a pro se petition for review from a Board of
Immigration Appeals’ decision denying his requests for asylum, withholding of
removal, and relief under the Convention Against Torture. The Board issued its
decision on February 21, 2019. Mr. Sawaneh’s petition for review was due in this
court within 30 days of the Board’s decision. See 8 U.S.C. § 1252(b)(1) (“The
petition for review must be filed not later than 30 days after the date of the final order
of removal.”). Mr. Sawaneh did not file his petition for review until April 11, 2019,
which was 49 days after the Board issued its decision. Mr. Sawaneh’s petition for
*
This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
review is therefore untimely. The filing of a timely petition for review is “mandatory
and jurisdictional; it is not subject to equitable tolling.” Gonzalez-Alarcon v. Macias,
884 F.3d 1266, 1271 (10th Cir. 2018). Accordingly, we dismiss Mr. Sawaneh’s
untimely petition for review for lack of jurisdiction. We deny as moot
Mr. Sawaneh’s motion for a stay of removal pending appeal.
Entered for the Court
Per Curiam
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