Sidineia DeSouza Santana DaSilva, et al v. U.S. Attorney General

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 24-10069
Non-Argument Calendar
____________________
SIDINEIA DESOUZA SANTANA DASILVA,
ALTAIR ROBERTO DASILVA,
ITALO GUTIERRY SANTANA DASILVA,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
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2 Opinion of the Court 24-10069
Agency No. A220-358-981
____________________
Before WILSON, R OSENBAUM , and G RANT, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. Altair Roberto Da Silva, Sidineia DeSouza Santana Da Silva,
and Italo Gutierry Santana Da Silva, natives and citizens of Brazil,
appeal the Board of Immigration Appeals’ (“BIA”) decision affirm-
ing the Immigration Judge’s order of removal from the United
States. The 30-day statutory time limit required them to file a no-
tice of appeal from the BIA’s final order of removal entered on No-
vember 21, 2023 by December 21, 2023. INA § 242(b)(1)-(2), 8
U.S.C. § 1252(b)(1)-(2); 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 our [c]ourt.”).
However, the Da Silvas did not file their notice of appeal until Jan-
uary 8, 2024.
Further, the Da Silvas cannot claim any exemption or equi-
table tolling. See Chao Lin v. U.S. Att’y Gen., 677 F.3d 1043, 1045
(11th Cir. 2012) (holding that the statutory time limit for filing a
petition for review in an immigration proceeding is mandatory and
jurisdictional and not subject to equitable tolling). Accordingly, the
notice of appeal is untimely and cannot invoke our jurisdiction. See
Fed. R. App. P. 15(a)(1) (noting that a petition for review of an
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24-10069 Opinion of the Court 3
agency decision must be filed in the court of appeals “within the
time prescribed by law”).
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.
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