Yoseph Bezabeh v. Eric Holder, Jr., No. 13-1698 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-1698 YOSEPH NIGATU BEZABEH, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Submitted: August 29, 2013 Decided: September 3, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Yoseph Nigatu Bezabeh, Petitioner Pro Se. Channah F. Norman, Jason Wisecup, U. S. DEPARTMENT OF JUSTICE, Washington, DC, for Respondent. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Yoseph Nigatu Bezabeh petitions for review of an order of the Board of Immigration Appeals ( Board ) denying his motion to reopen. We dismiss the petition for review because it is untimely. Bezabeh had thirty days from the date of the Board s April 16, 2013 order from which to file a timely petition for review. See 8 U.S.C. § 1252(b)(1) (2006). Because the petition was filed on May 29, 2013, it is untimely. The thirty day time period is jurisdictional in nature and must be construed with strict fidelity to [its] terms. 405 (1995). Thus, this Stone v. INS, 514 U.S. 386, It is not subject to equitable tolling. court does not have jurisdiction to Id. review the Accordingly, we dismiss the petition for review. We Board s order denying the motion to reopen. dispense with contentions are oral argument adequately because presented in the the facts and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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