Decision date: 2023-11-16
Holding that the Fourth Circuit lacked jurisdiction to resolve Martinez's petition for review because he did not file it within thirty days of a final order of removal. Although Martinez timely filed his petition for review within 30 days of the Board of Immigration Appeals' (BIA) order denying relief in his withholding-only proceedings, the Fourth Circuit found that because withholding-only orders do not affect removability, they are not final orders of removal for purposes of the 30-day deadline. Because Martinez's only final orders of removal were a 2018 removal order and a 2020 reinstatement order, and Martinez did not contest reinstatement or file a petition for review of either order, the Fourth Circuit held that it had been deprived of jurisdiction to consider his withholding-only claims.
Publication Status: Published
Case judge: Diaz, Floyd, Rushing