context: See Mendoza v. U.S. Atty. While we generally have jurisdiction to review final orders of removal, the petition for review must be filed within 30 days of the date of the final order of removal. Immigration and Nationality Act ("INA") SS 242(b)(1), 8 U.S.C. SS 1252(b)(1). The statutory time limit for filing a direct petition for review in an immigration case is "mandatory and jurisdictional, and is not subject to equitable tolling."
citation_a.signal: cf.
citation_a.identifier: 514 U.S. 405, 405-06
citation_a.parenthetical: holding that the finality of a BIA order is not affected by the subsequent filing of a motion to reconsider pursuant to 8 C.F.R. SS 1003.2(b
citation_a.sentence: See INA § 242(a)(1), 8 U.S.C. § 1252(a)(1); cf. Stone, 514 U.S. at 405-06, 115 S.Ct. at 1549 (holding that the finality of a BIA order is not affected by the subsequent filing of a motion to reconsider pursuant to 8 C.F.R. § 1003.2(b)).
citation_b.signal: no signal
citation_b.parenthetical: construing the former 90-day period for filing a petition for review under INA SS 106(a)(1), 8 U.S.C. SS 1105a(a
citation_b.sentence: Stone v. INS, 514 U.S. 386, 405, 115 S.Ct. 1537, 1549, 131 L.Ed.2d 465 (1995) (construing the former 90-day period for filing a petition for review under INA § 106(a)(1), 8 U.S.C. § 1105a(a)). A motion to reopen filed with the BIA does not suspend the finality of the underlying BIA order and does not toll the review period.