USCA11 Case: 23-11702 Document: 19-1 Date Filed: 07/21/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-11702
Non-Argument Calendar
____________________
NELSON OSWALDO LINARES,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
Agency No. A216-462-840
____________________
USCA11 Case: 23-11702 Document: 19-1 Date Filed: 07/21/2023 Page: 2 of 2
2 Opinion of the Court 23-11702
Before JORDAN, NEWSOM, and ABUDU, Circuit Judges.
PER CURIAM:
Respondent’s motion to dismiss this petition for review for
lack of jurisdiction is GRANTED. Petitioner seeks review of the
Board of Immigration Appeals’ March 21, 2023 order affirming the
Immigration Judge’s final order of removal. However, the petition
for review was not filed with us until May 19, 2023 at the earliest,
which is the date the petition was postmarked. See Fed. R. App. P.
25(a)(2)(A)(iii). Accordingly, the petition for review is untimely
and cannot invoke our jurisdiction. See INA § 242(b)(1),
8 U.S.C.
§ 1252(b)(1) (providing that a petition for review must be filed no
later than 30 days after the date of the final order of removal); Stone
v. INS,
514 U.S. 386, 405 (1995) (stating that the statutory time limit
is mandatory and jurisdictional and not subject to equitable toll-
ing).
Accordingly, this petition is DISMISSED. All other pending
motions are DENIED as MOOT.
