Jose Martinez v. Merrick Garland, No. 22-1221 (4th Cir. 2023)Annotate this Case
After Petitioner illegally reentered the United States, the Department of Homeland Security (DHS) reinstated the removal order previously entered against him. Petitioner expressed fear of returning to his native country and was placed in withholding only proceedings. The immigration judge and the Board of Immigration Appeals denied relief, and Petitioner petitioned the court for review within 30 days of the Board’s decision.
The Fourth Circuit dismissed the petition. The court held that the INA deprives the court of jurisdiction to resolve Petitioner’s petition for judicial review. The court wrote that Petitioner did not file his petition within 30 days of any final order of removal, and precedent dictates that the statutory filing deadline is jurisdictional. Further, the court noted that the pendency of his withholding-only proceedings did not extend his time to file. So his petition for review was untimely.