Dennis Jetoh v. ERIC H. HOLDER, JR., Attorney General

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1946
DENNIS JETOH,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration
Appeals.
Submitted: January 12, 2009 Decided: March 23, 2009
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Petition dismissed by unpublished per curiam opinion.
Dennis Jetoh, Petitioner Pro Se. Daniel Eric Goldman, Senior
Litigation Counsel, Jonathan Aaron Robbins, Office of
Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dennis Jetoh, a native and citizen of Liberia,
petitions for review of an order of the Board of Immigration
Appeals (“Board”) denying his motion to reconsider. Because the
petition for review was not filed within thirty days of the
Board’s order, the petition must be dismissed for lack of
jurisdiction.
The Board entered the order denying Jetoh’s motion to
reconsider on July 28, 2008. Pursuant to 8 U.S.C. § 1252(b)(1)
(2006), Jetoh had thirty days, or until August 27, 2008, to
timely file a petition for review. This time period is
“jurisdictional in nature and must be construed with strict
fidelity to [its] terms.” Stone v. INS, 514 U.S. 386, 405
(1995). It is “not subject to equitable tolling.” Id. Because
Jetoh did not file his petition until August 28, 2008, it is
untimely filed. Under Rule 25(a)(2) of the Federal Rules of
Appellate Procedure, filings are not timely if not filed with
the clerk of the court within the time fixed for such a filing.
Accordingly, we dismiss the petition for review for
lack of jurisdiction. We also deny as moot the motion to stay
removal. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
2

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3
before the court and argument would not aid the decisional
process.
PETITION DISMISSED

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