Jozadaque Rodrigues da Silva v. U.S. Attorney General

• Court: Court of Appeals for the Eleventh Circuit
• Decided: May 16, 2024
• Docket: 24-10517
• Status: Unpublished

Opinion

USCA11 Case: 24-10517 Document: 8-1 Date Filed: 05/16/2024 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-10517 Non-Argument Calendar ____________________

JOZADAQUE RODRIGUES DA SILVA, SIMONE LOPES RODRIGUES DA SILVA, JULIA RHAYALLA LOPES RODRIGUES DA SILVA, RHARYSSON PABLO LOPES RODRIGUES DA SILVA, Petitioners, versus U.S. ATTORNEY GENERAL,

Respondent.

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2 Opinion of the Court 24-10517

Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A098-713-850 ____________________

Before JILL PRYOR, BRANCH, and LAGOA, Circuit Judges. PER CURIAM: Petitioners Jozadaque Rodrigues Da Silva and Simone Lopes Rodrigues Da Silva, proceeding pro se and on behalf of their minor children, seek review of the Board of Immigration Appeals’ De- cember 8, 2023 decision. That decision dismissed their appeal from the immigration judge’s order denying their applications for asy- lum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or De- grading Treatment or Punishment. The statutory time limit required petitioners to file a peti- tion for review on or before January 8, 2024, which was the first business day following 30 days after the December 8, 2023 decision. See INA § 242(b)(1), 8 U.S.C. § 1252(b)(1); Fed. R. App. P. 15(a)(1), 26(a)(1)(C); 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, juris- dictional, and not subject to equitable tolling). However, Petition- ers did not file their petition until February 21, 2024. We therefore lack jurisdiction to review it. Accordingly, this appeal is DISMISSED, sua sponte, for lack of jurisdiction. All pending motions are DENIED as moot. No USCA11 Case: 24-10517 Document: 8-1 Date Filed: 05/16/2024 Page: 3 of 3

24-10517 Opinion of the Court 3

petition for rehearing may be filed unless it complies with the tim- ing and other requirements of 11th Cir. R. 40-3 and all other appli- cable rules.