Kenzo Roberts v. U.S. Attorney General

USCA11 Case: 23-13403 Document: 5-1 Date Filed: 12/06/2023 Page: 1 of 2
[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-13403
Non-Argument Calendar
____________________
KENZO ROBERTS,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
____________________
Petition for Review of a Decision of the
Board of Immigration Appeals
Agency No. A208-054-197
____________________
USCA11 Case: 23-13403 Document: 5-1 Date Filed: 12/06/2023 Page: 2 of 2
2 Opinion of the Court 23-13403
Before NEWSOM, LAGOA, and ABUDU, Circuit Judges.
PER CURIAM:
This appeal is DISMISSED, sua sponte, for lack of jurisdic-
tion. The 30-day statutory time limit established in the Immigra-
tion and Nationality Act (“INA”) required Kenzo Roberts to file a
petition for review of the September 6, 2023, decision by the Board
of Immigration Appeals (“BIA”) affirming his order of removal on
or before October 6, 2023. See INA §§ 101(a)(47), 240(c)(1)(A), 8
U.S.C. §§ 1101(a)(47), 1229a(c)(1)(A); INA § 242(b)(1)-(2), 8 U.S.C.
§ 1252(b)(1)-(2); see also Dakane v. U.S. Att’y Gen., 399 F.3d 1269,
1272 n.3 (11th Cir. 2005) (“[A] petitioner has 30 days from the date
of the final order of removal to seek review in this Court.”). How-
ever, Roberts did not file a petition for review until October 10,
2023. Thus, the petition for review is untimely as to the BIA deci-
sion and we lack jurisdiction to review it. See Fed. R. App. P.
15(a)(1).
No petition for rehearing may be filed unless it complies
with the timing and other requirements of 11th Cir. R. 40-3 and all
other applicable rules.