Pedro Perez Hernandez v. United States

• Court: Court of Appeals of Texas
• Decided: September 1, 2016
• Docket: 13-16-00333-CV
• Status: Published

Opinion

NUMBER 13-16-00333-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

PEDRO PEREZ HERNANDEZ, Appellant,

v.

UNITED STATES OF AMERICA, Appellee. ____________________________________________________________

On appeal from a Federal Order ____________________________________________________________

MEMORANDUM OPINION Before Justices Rodriguez, Benavides, and Perkes Memorandum Opinion Per Curiam

Appellant, Pedro Perez Hernandez, attempts to appeal the United States

Department of Justice decision of the Board of Immigration Appeals dated July 29, 2015

15 in file number A035 303 094 – Los Fresnos, TX. Upon receipt of the notice of appeal,

the Clerk of this Court notified Hernandez that it did not appear that this Court has

jurisdiction over the appeal, so that steps could be taken to correct the defect, if it could be done. See TEX. R. APP. P. 37.1, 42.3. The Clerk further notified Hernandez that the

appeal would be dismissed if the defect was not corrected after the expiration of ten days

from receipt of the Court’s notice. Hernandez filed a response to this Court’s notice

stating he thought this Court could entertain his appeal of the decision of the Board of

Immigration Appeals.

In terms of appellate jurisdiction, each court of appeals has “appellate jurisdiction

of all civil cases within its district of which the district courts or county courts have

jurisdiction when the amount in controversy or the judgment rendered exceeds $250,

exclusive of interest and costs.” TEX. GOV’T CODE ANN. § 22.220 (West, Westlaw through

2015 R.S.). In this case, the order subject to appeal originated from the United States

Department of Justice rather than from a district or county court in our district. We do

not have jurisdiction to consider this appeal. See id.; see also Cuellar v. Livingston, No.

03-13-00304-CV, 2013 WL 4516142, at *1 (Tex. App.—Austin Aug. 22, 2013, no pet.)

(mem. op.); Jeffrey v. City of Mission, No. 13-10-00660-CV, 2011 WL 1219471, at *1

(Tex. App.—Corpus Christi Mar. 31, 2011, no pet.) (mem. op. per curiam).

The Court, having examined and fully considered the documents on file herein, is

of the opinion that we lack jurisdiction over this appeal. Accordingly, the appeal is

DISMISSED FOR WANT OF JURISDICTION. See TEX. R. APP. P. 42.3(a).

PER CURIAM

Delivered and filed the 1st day of September, 2016.