United States v. John Briasco

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 10-2828
___________
Margoth Villalobos, *
*
Petitioner, *
* Petition for Review of
v. * an Order of the Board
* of Immigration Appeals.
Eric H. Holder, Jr., Attorney General *
of the United States, * [UNPUBLISHED]
*
Respondent. *
___________
Submitted: May 16, 2011
Filed: May 19, 2011
___________
Before WOLLMAN, BOWMAN, and SMITH, Circuit Judges.
___________
PER CURIAM.
Guatemalan citizen Margoth Villalobos petitions for review of an order of the
Board of Immigration Appeals (BIA) denying an emergency stay of removal, and the
BIA’s later decision on her motion to reopen. We lack jurisdiction to review the
BIA’s denial of a stay because it is not a final order of removal, see 8 U.S.C. § 1252;
Mapoy v. Carroll, 185 F.3d 224, 230 (4th Cir. 1999), and Villalobos’s petition for
review of the BIA’s decision on her motion to reopen is untimely, see 8 U.S.C.
§ 1252(b)(1); Stone v. INS, 514 U.S. 386, 405 (1995). Accordingly, we dismiss the
petitions.
________________________

-- 1 of 1 --