Ricky Lee McDeid v. State of Minnesota

1Eric H. Holder, Jr., has been appointed to serve as Attorney General of the
United States, and is substituted as respondent pursuant to Federal Rule of Appellate
Procedure 43(c).
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-1596
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Luis Alfredo Vasquez, *
*
Petitioner, *
* Petition for Review of an
v . * Order of the Board of
* Immigration Appeals.
Eric H. Holder, Jr., 1 Attorney General *
of the United States, * [UNPUBLISHED]
*
Respondent. *
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Submitted: July 30, 2009
Filed: August 6, 2009
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Before WOLLMAN, RILEY, and SMITH, Circuit Judges.
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PER CURIAM.
Luis Alfredo Vasquez petitions for review of an order of the Board of
Immigration Appeals (BIA) that affirmed an immigration judge’s denial of his motion
to reopen. Because we conclude Vasquez’s petition for review was untimely filed
more than 30 days after the BIA issued its final order, we lack jurisdiction to review
the order. See 8 U.S.C. § 1252(b)(1) (petition for review “must be filed” not later than

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30 days after date of final order); Fed. R. App. P. 26(a) (computation of time); Yang
v. Mukasey, 510 F.3d 793, 795-96 (8th Cir. 2007) (noting denial of motion to reopen
is final order that has to be appealed within 30 days); Skurtu v. Mukasey, 552 F.3d
651, 658 (8th Cir. 2008) (dismissing petition for lack of jurisdiction because 30-day
time limit for filing petition is mandatory and jurisdictional).
Accordingly, we dismiss the petition.
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