Immigration – Judicial Review

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U.S. Court of Appeals for the Seventh Circuit

Civil

Immigration – Judicial Review

Where an asylum applicant filed a motion to reconsider, and then appealed based on the underlying denial, the court lacks jurisdiction over the appeal.

“He’s target is wrong because we have jurisdiction to review only the denial of his motion to reconsider. See 8 U.S.C. § 1252(b)(1). ‘[T]he case law could not be clearer on this issue; a motion to reconsider does not toll the initial 30-day filing deadline for seeking judicial review of the underlying removal order. The finality of a removal order “is not affected by the subsequent filing of a motion to reconsider’’” Asere v. Gonzales, 439 F.3d 378, 380 (7th Cir. 2006), quoting Stone v. INS, 514 U.S. 386, 405 (1995). He’s September 24, 2014 petition for review was untimely with regard to the Board’s underlying order denying relief dated May 27, 2014, thus depriving us of jurisdiction to review that order. Because He did not challenge the denial of his motion to reconsider, he has waived any arguments he might have made to challenge the only decision over which we have jurisdiction. See Tian v. Holder, 745 F.3d 822, 827 (7th Cir. 2014); Asere, 439 F.3d at 380–81.”

Petition Denied.

14-3104 He v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.

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