UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1087
JUAN PAOLO PAGLINAWAN,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: March 6, 2014 Decided: April 3, 2014
Before DUNCAN, KEENAN, and DIAZ, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Juan Paolo Paglinawan, Petitioner Pro Se. Daniel Eric Goldman,
Senior Litigation Counsel, Rebecca Hoffberg Phillips, 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Unpublished opinions are not binding precedent in this circuit.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:
Juan Paolo Paglinawan, a native and citizen of the
Philippines, petitions for review of an order of the Board of
Immigration Appeals (“Board”) denying his motions to reopen and
for reconsideration. Because the petition for review was not
filed within thirty days of the Board's order, the petition must
be dismissed for lack of jurisdiction.
The Board entered the order on December 31, 2013.
Pursuant to 8 U.S.C. § 1252(b)(1) (2012), Paglinawan had thirty
days, or until January 30, 2014, to timely file a petition for
review. 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 Paglinawan did not file his petition
until January 31, 2014, it is untimely filed. Under Rule
25(a)(2) of the Federal Rules of Appellate Procedure, filings
are not timely if not filed with the clerk of the court within
the time fixed for such a filing.
Accordingly, we dismiss the petition for review for
lack of jurisdiction. We deny leave to proceed in forma
pauperis. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
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before the court and argument would not aid the decisional
process.
PETITION DISMISSED
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