Jaqueline Aparecida Mendes, et al v. U.S. Attorney General

24-10199Court of Appeals for the Eleventh CircuitMar 7, 2024

Full text

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10199
Non-Argument Calendar
____________________
JAQUELINE APARECIDA MENDES,
ELIEL SANTOS CHAGAS,
MYLENA MENDES CHAGAS,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
USCA11 Case: 24-10199 Document: 8-1 Date Filed: 03/07/2024 Page: 1 of 2

-- 1 of 2 --

2 Opinion of the Court 24-10199
Agency No. A220-735-150
____________________
Before WILSON, GRANT, and L UCK , Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit established in the Immigra-
tion and Nationality Act (“INA”) required the petitioners to file a
petition for review of the November 30, 2023, decision by the
Board of Immigration Appeals (“BIA”) affirming their order of re-
moval on or before January 2, 2024. See INA §§ 101(a)(47),
240(c)(1)(A), 8 U.S.C. §§ 1101(a)(47), 1229a(c)(1)(A); INA
§ 242(b)(1)-(2), 8 U.S.C. § 1252(b)(1)-(2); Fed. R. App. 26(a)(1)(C);
see also Dakane v. U.S. Att’y Gen., 399 F.3d 1269, 1272 n.3 (11th Cir.
2005) (“[A] petitioner has 30 days from the date of the final order of
removal to seek review in this Court.”). However, the petitioners
did not file the petition for review until January 22, 2024. Thus, the
petition for review is untimely as to the BIA decision and we lack
jurisdiction to review it. See Fed. R. App. P. 15(a)(1); Chao Lin v.
U.S. Att’y Gen., 677 F.3d 1043, 1045 (11th Cir. 2012).
All pending motions are DENIED as moot. 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.
USCA11 Case: 24-10199 Document: 8-1 Date Filed: 03/07/2024 Page: 2 of 2

-- 2 of 2 --

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.