Ghafour Asemani v. Merrick Garland

USCA4 Appeal: 22-1392 Doc: 22 Filed: 09/12/2022 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1392 GHAFOUR ASEMANI, a/k/a Billy G. Asemani, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted: September 8, 2022 Decided: September 12, 2022 Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Billy G. Asemani, Petitioner Pro Se. Daniel I. Smulow, Trial Attorney, Brandon Thomas Callahan, Office of Immigration Litigation, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1392 Doc: 22 Filed: 09/12/2022 Pg: 2 of 2 PER CURIAM: Ghafour Asemani, a native and citizen of Iran, petitions for review of an order of the Immigration Judge (IJ) directing that he be removed to Iran. The Attorney General moves to dismiss the petition for review for lack of jurisdiction on the ground that the petition was untimely filed. The IJ’s decision was issued July 16, 2004. Asemani had 30 days from this date to timely file a petition for review in this Court. See 8 U.S.C. § 1252(b)(1). 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. The petition for review, dated March 30, 2022, and received by this court on April 11, 2022, was filed after the expiration of the 30-day deadline. We accordingly grant the motion to dismiss the petition for review for lack of jurisdiction. We deny Asemani’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2 22-1392 Court of Appeals for the Fourth Circuit ca4 4th Cir. Ghafour Asemani v. Merrick Garland 12 September 2022 Unpublished f251a4f12d83d4fe40e77060f3e263bddd15a5bc

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