Julio Quintanilla-Guillen v. Eric H. Holder Jr.

MEMORANDUM

Julio Quintanilla-Guillen and his wife are natives and citizens of El Salvador. They petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their applications for asylum and requests for withholding of removal and/or Convention Against Torture protection. Our jurisdiction is governed by 8 U.S.C. § 1252 . We dismiss the petition.

A petition for review “must be filed not later than 30 days after the date of the final order of removal.” 8 U.S.C. § 1252 (b)(1). This limited filing period is mandatory and jurisdictional. Stone v. INS, 514 U.S. 386, 405 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995). Petitioners bear the burden of proving that we have jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994).

Here, the BIA’s order and cover letter are dated March 10, 2008, so the petition for review had to be filed by April 9, 2008. Petitioners filed their petition on April 14, 2008 — five days late. They claim that the filing was timely because they did not receive notice of the decision until March 13, 2008 and the 30-day filing…