UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-1741
OSCAR GUEVARA BELTRAN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: February 7, 2014 Decided: February 19, 2014
Before KEENAN and WYNN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition dismissed by unpublished per curiam opinion.
W. Rob Heroy, GOODMAN, CARR PLLC, Charlotte, North Carolina, for
Petitioner. Stuart F. Delery, Assistant Attorney General, David
V. Bernal, Assistant Director, Jesse M. Bless, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Oscar Guevara Beltran, a native and citizen of Mexico,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) dismissing his appeal from the immigration
judge’s decision pretermitting his application for cancellation
of removal. Because the petition for review was not filed
within thirty days of the Board’s order, we dismiss for lack of
jurisdiction.
The Board’s decision was issued on May 8, 2013.
Pursuant to 8 U.S.C. § 1252(b)(1) (2012), Guevara Beltran had
thirty days, or until Friday, June 7, 2013, to timely file the
petition for review. The Supreme Court has held that this time
period is “jurisdictional in nature and must be construed with
strict fidelity to [its] terms.” Stone v. INS, 514 U.S. 386,
405 (1995). It is “not subject to equitable tolling.” Id.
Because Guevara Beltran did not file his petition until Monday,
June 10, 2013, the petition for review was untimely filed.
Accordingly, we dismiss the petition for review for
lack of jurisdiction. We dispense with oral argument because
the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
PETITION DISMISSED
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