Nicolas Saint Surin v. U.S. Attorney General

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 24, 2024
• Docket: 24-12689
• Status: Unpublished

Opinion

USCA11 Case: 24-12689 Document: 13-1 Date Filed: 09/24/2024 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 24-12689 Non-Argument Calendar ____________________

NICOLAS SAINT SURIN, Petitioner, versus U.S. ATTORNEY GENERAL,

Respondent.

Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A200-456-785 ____________________ USCA11 Case: 24-12689 Document: 13-1 Date Filed: 09/24/2024 Page: 2 of 2

2 Opinion of the Court 24-12689

Before ROSENBAUM, BRANCH, and LUCK, Circuit Judges. PER CURIAM: Nicholas Saint Surin seeks review of the Board of Immigra- tion Appeal’s (“BIA”) June 26, 2024 order finding that he withdrew his appeal from an Immigration Judge’s decision denying asylum and ordering removal. The government moves to dismiss the pe- tition for review for lack of jurisdiction. Surin has not filed a re- sponse to the motion, but he has filed a motion for stay of removal. The 30-day time limit required Surin to file a petition of re- view of the BIA’s June 26, 2024 order by July 26, 2024. See 8 U.S.C. § 1252(b)(1). Surin’s petition for review was not filed until August 12, 2024 at the earliest, which is the date that he signed it. See Fed. R. App. P. 25(a)(2)(A)(iii). Thus, the petition is untimely and can- not invoke this Court’s jurisdiction. See 8 U.S.C. § 1252(b)(1); Stone v. INS, 514 U.S. 386, 405 (1995); Chao Lin v. U.S. Att’y Gen., 677 F.3d 1043, 1045 (11th Cir. 2012). Accordingly, the government’s motion to dismiss is GRANTED and this appeal is DISMISSED for lack of jurisdiction. All other pending motions are DENIED as moot.