Ferdinand Chukwuyen v. U.S. Attorney General ( 2023 )


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  • USCA11 Case: 23-11371   Document: 7-1     Date Filed: 06/15/2023   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11371
    Non-Argument Calendar
    ____________________
    FERDINAND CHUKWUYEN,
    Petitioner,
    versus
    U.S. ATTORNEY GENERAL,
    Respondent.
    USCA11 Case: 23-11371      Document: 7-1     Date Filed: 06/15/2023      Page: 2 of 2
    2                       Opinion of the Court                 23-11371
    ____________________
    Petition for Review of a Decision of the
    Board of Immigration Appeals
    Agency No. A200-278-235
    ____________________
    Before ROSENBAUM, JILL PRYOR, and BRASHER, Circuit Judges.
    PER CURIAM:
    This appeal is DISMISSED, sua sponte, for lack of jurisdic-
    tion.
    The statutory time limit required Ferdinand Chukwuyen to
    file a petition for review on or before Thursday, April 27, 2023,
    which was 30 days after the Board of Immigration Appeals issued
    its March 28, 2023 decision denying his motion to reopen and re-
    consider its September 2022 decision. 
    8 U.S.C. § 1252
    (b)(1); see
    Chao Lin v. U.S. Att’y Gen., 
    677 F.3d 1043
    , 1045-46 (11th Cir. 2012)
    (noting that the statutory time limit is mandatory, jurisdictional,
    and not subject to equitable tolling). However, Chukwuyen did
    not file his petition until April 28, 2023. We therefore lack jurisdic-
    tion to review it.
    No petition for rehearing may be filed unless it complies
    with the timing and other requirements of 11th Cir. R. 40-3 and all
    other applicable rules.
    

Document Info

Docket Number: 23-11371

Filed Date: 6/15/2023

Precedential Status: Non-Precedential

Modified Date: 6/15/2023