Pedro Perez Hernandez v. United States ( 2016 )

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.
2