CASAS v. DHS , No. 23-1660 (Fed. Cir. 2023)
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Case: 23-1660 Document: 12 Page: 1 Filed: 07/10/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ JULIO C. CASAS, Petitioner v. DEPARTMENT OF HOMELAND SECURITY, Respondent ______________________ 2023-1660 ______________________ Petition for review of the Merit Systems Protection Board in No. DA-0752-17-0182-I-1. ______________________ Before LOURIE, HUGHES, and CUNNINGHAM, Circuit Judges. PER CURIAM. ORDER On March 22, 2023, this court received Julio C. Casas’s petition for review from the January 19, 2023, final decision of the Merit Systems Protection Board. Having considered the parties’ responses to this court’s show cause order, the court dismisses the petition as untimely. Under 5 U.S.C. § 7703(b)(1)(A), a petition to review a final decision by the Board must be filed “within 60 days after the Board issues notice of the final . . . decision.” This Case: 23-1660 Document: 12 Page: 2 Filed: 07/10/2023 2 CASAS v. DHS statutory filing deadline is jurisdictional and not subject to equitable exceptions. Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 1016 (Fed. Cir. 2017). Thus, although Mr. Casas contends that his failure to timely file is excusable due to a purported miscalculation of the filing deadline, this court may only consider whether his petition was timely and cannot toll based on his personal circumstances. Because the petition was filed outside the 60-day deadline, this court lacks jurisdiction and must dismiss. Accordingly, IT IS ORDERED THAT: (1) The petition for review is dismissed. (2) Each side shall bear its own costs. FOR THE COURT July 10, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court
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