Filed: Apr. 18, 2006
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT APR 18, 2006 No. 05-14508 THOMAS K. KAHN Non-Argument Calendar CLERK _ Agency Nos. A96-095-120 and A96-095-121 ALBERTO GALINDO, AMANDA ISABEL RODRIGUEZ-RODRIGUEZ, VIVIANA ANDREA GALINDO-RODRIGUEZ, DIANA KATALINA GALINDO-RODRIGUEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (April 18, 20
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT APR 18, 2006 No. 05-14508 THOMAS K. KAHN Non-Argument Calendar CLERK _ Agency Nos. A96-095-120 and A96-095-121 ALBERTO GALINDO, AMANDA ISABEL RODRIGUEZ-RODRIGUEZ, VIVIANA ANDREA GALINDO-RODRIGUEZ, DIANA KATALINA GALINDO-RODRIGUEZ, Petitioners, versus U.S. ATTORNEY GENERAL, Respondent. _ Petition for Review of a Decision of the Board of Immigration Appeals _ (April 18, 200..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APR 18, 2006
No. 05-14508 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
Agency Nos. A96-095-120
and A96-095-121
ALBERTO GALINDO,
AMANDA ISABEL RODRIGUEZ-RODRIGUEZ,
VIVIANA ANDREA GALINDO-RODRIGUEZ,
DIANA KATALINA GALINDO-RODRIGUEZ,
Petitioners,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(April 18, 2006)
Before DUBINA, BARKETT and HULL, Circuit Judges.
PER CURIAM:
Alberto Galindo,1 a native of Colombia, through counsel, has filed for
review of the Board of Immigration Appeals’ (“BIA’s”) dismissal of his appeal
from the Immigration Judge’s (“IJ’s”) order finding him removable and denying
his application for asylum, withholding of removal under the Immigration and
Nationality Act (“INA”), and the United Nations Convention on Torture (“CAT
relief”). 8 U.S.C. §§ 1158, 1231; 8 C.F.R. 208.16(c).
This petition was filed subsequent to the BIA’s denial of Galindo’s untimely
motion to reopen his removal proceedings. On appeal, Galindo argues that he
established eligibility for asylum as a result of past persecution and a well-founded
fear of future persecution on account of his imputed political opinion. Galindo
also argues that the IJ’s decision to deny him relief based on the conclusion that his
police criminal complaint mirrored his asylum application and that because he was
marked for execution, but was never killed, is “unfounded” and “outrageous.” In
addition, Galindo argues that he established a well-founded fear of persecution
under the CAT. The government responds that this Court lacks jurisdiction to
consider Galindo’s claims for relief because he did not file a timely petition for
review with this Court, and although Galindo filed a timely petition for review of
1
Alberto Galindo (Galindo) is the lead petitioner, but he is joined by family members
Amanda Isabel Rodriguez Rodriguez, wife, and two daughters Diana Katalina Galindo Rodriguez,
and Viviana Andrea Galindo Rodriguez. Galindo’s wife and their two daughters were derivative
applicants on Galindo’s application. As such, the holding in this opinion applies to them as well.
2
the BIA’s denial of his motion to open, his brief does not address the denial of that
motion, and therefore, that claim should be considered abandoned.
I.
We inquire into subject-matter jurisdiction whenever it may be lacking.
Chacon-Botero v. U.S. Att’y Gen.,
427 F.3d 954, 956 (11th Cir. 2005). We review
our subject-matter jurisdiction de novo. Gonzalez-Oropeza v. U.S. Att’y Gen.,
321
F.3d 1331, 1332 (11th Cir. 2003).
Under section 242(a)(1), (b)(1) of the INA, a petitioner has 30 days from the
date of the final order of removal to seek review in this Court. 8 U.S.C.
§ 1252(a)(1), (b)(1). Dakane v. United States Att’y Gen.,
371 F.3d 771, 773 n.3
(11th Cir. 2004). An order of removal made by an IJ at the conclusion of
proceedings becomes final upon dismissal of an appeal by the BIA. 8 C.F.R.
§ 1241.1(a). Importantly, the statutory limit for filing a petition for review in an
immigration proceeding is "mandatory and jurisdictional," and it is not subject to
equitable tolling.
Dakane, 371 F.3d at 773 n.3. Furthermore, the filing deadline for
review before this Court of Appeal is not suspended or tolled by a motion to
reopen the removal proceedings. Stone v. INS,
514 U.S. 386, 405,
115 S. Ct. 1537,
131 L. Ed. 2d 465 (1995).
In Sepulveda v. United States Att’y Gen.,
401 F.3d 1226, 1228 n.2 (11th
3
Cir. 2005), we also held that where an appellant fails to offer any argument on an
issue, that issue is abandoned.
Upon review of the record, and upon consideration of the briefs of the
parties, we find that we have no jurisdiction to hear Galindo’s claims for relief.
Here, Galindo failed to meet the 30-day deadline for review by this Court from the
date of the BIA’s dismissal of his appeal. See
Dakane, 371 F.3d at 773 n.3. For
this reason, we do not have jurisdiction to review Galindo's underlying claims as
they relate to the IJ’s denial of his claims for asylum, withholding of removal, and
CAT relief.
Id. Because we lack jurisdiction to review the BIA’s dismissal of his
appeal, in 2004, it is unnecessary to address the merits of the substantive claims
raised by Galindo.
Furthermore, although in his petition for review to this Court, Galindo refers
to the BIA’s denial of his motion to reopen in 2005, he does not raise any argument
on this issue in his counseled brief. Specifically, Galindo’s brief contains no law
relevant to a motion to reopen, and there is no argument concerning the BIA’s
denial of his motion. Accordingly, Galindo has abandoned any claim relating to
the denial of his motion to reopen. See
Sepulveda, 401 F.3d at 1228 n.2.
PETITION DISMISSED.
4