Julio C. Casas v. Department of Homeland Security

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
JULIO C. CASAS,
Petitioner
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent
______________________
2023-1660
______________________
Petition for review of the Merit Systems Protection
Board in No. DA-0752-17-0182-I-1.
______________________
Before L OURIE, H UGHES , and CUNNINGHAM , Circuit
Judges.
P ER CURIAM .
O R D E R
On March 22, 2023, this court received Julio C. Casas’s
petition for review from the January 19, 2023, final deci-
sion of the Merit Systems Protection Board. Having con-
sidered the parties’ responses to this court’s show cause
order, the court dismisses the petition as untimely.
Under 5 U.S.C. § 7703(b)(1)(A), a petition to review a
final decision by the Board must be filed “within 60 days
after the Board issues notice of the final . . . decision.” This
Case: 23-1660 Document: 12 Page: 1 Filed: 07/10/2023

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CASAS v. DHS 2
statutory filing deadline is jurisdictional and not subject to
equitable exceptions. Fedora v. Merit Sys. Prot. Bd., 848
F.3d 1013, 1016 (Fed. Cir. 2017). Thus, although Mr.
Casas contends that his failure to timely file is excusable
due to a purported miscalculation of the filing deadline,
this court may only consider whether his petition was
timely and cannot toll based on his personal circumstances.
Because the petition was filed outside the 60-day deadline,
this court lacks jurisdiction and must dismiss.
Accordingly,
I T I S O RDERED T HAT :
(1) The petition for review is dismissed.
(2) Each side shall bear its own costs.
July 10, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-1660 Document: 12 Page: 2 Filed: 07/10/2023

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