Ferdinand Chukwuyen v. U.S. Attorney General

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 15, 2023
• Docket: 23-11371
• Status: Unpublished

Opinion

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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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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.