[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 13-11005

Non-Argument Calendar

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Agency No. A070-623-999

ZIYAAD SABAN, 

a.k.a. Saban Ziyaad,

a.k.a. Saban Zeyaad,

 Petitioner,

versus

U.S. ATTORNEY GENERAL,

 Respondent.

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Petition for Review of a Decision of the

Board of Immigration Appeals

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(May 15, 2014)

Before HULL, MARCUS, and ANDERSON, Circuit Judges.

PER CURIAM:

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Ziyaad Saban, a native and citizen of South Africa, seeks review of the 

Board of Immigration Appeals’s (“BIA”) denial of his motion to reconsider its 

prior order affirming the Immigration Judge’s (“IJ”) denial of his motion to reopen. 

In February 2005, the IJ ordered Saban removed in absentia after he departed the 

United States while his removal proceedings were still pending. In April 2011, 

Saban moved to reopen his proceedings, arguing that his Notice to Appear had 

been improvidently issued because he was not removable pursuant to Immigration 

and Nationality Act (“INA”) § 237(a)(2)(A)(i), 8 U.S.C. § 1227(a)(2)(A)(i), for 

being convicted of a crime involving moral turpitude within five years of 

admission. The IJ denied Saban’s motion to reopen and, in October 2012, the BIA 

affirmed the IJ’s denial of Saban’s motion to reopen on the grounds that it was 

untimely filed. Saban moved the BIA to reconsider its decision, arguing for the 

first time that he had serious mental impairments that constituted exceptional 

circumstances that excused his failure to appear at his removal hearing, and that

the IJ should have held a competency hearing. Saban also argued again that he 

was not removable as charged. In November 2012, the BIA denied Saban’s 

motion to reconsider. 

On appeal, Saban argues that the BIA abused its discretion in denying his 

motion to reopen and motion to reconsider because the IJ violated his due process 

rights when she failed to determine whether he had the mental competency to 

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understand the proceedings. Additionally, he asserts that the BIA also abused its 

discretion in denying his motion to reconsider because he was not removable 

pursuant to INA § 237(a)(2)(A)(i). Lastly, Saban argues that he was deprived due 

process of law under Padilla v. Kentucky, 559 U.S. 356, 130 S.Ct. 1473, 176 

L.Ed.2d 284 (2010), because he was not warned of the immigration consequences 

of his guilty plea. 

As an initial matter, we review de novo our own subject matter jurisdiction. 

Gonzalez-Oropeza v. U.S. Att’y Gen., 321 F.3d 1331, 1332 (11th Cir. 2003). A 

petition for review must be filed with the court of appeals no later than 30 days 

after the BIA’s final order of removal. INA § 242(b)(1), 8 U.S.C. § 1252(b)(1). 

When the 30th day is on a weekend or legal holiday, the filing period continues to 

run until the end of the next day that this not a weekend or legal holiday. 

Fed.R.App.P. 26(a)(1)(C). The statutory time limit for filing a petition for review 

in an immigration proceeding is mandatory and jurisdictional and not subject to 

equitable tolling. Dakane v. U.S. Att’y Gen., 399 F.3d 1269, 1272 n.3 (11th Cir. 

2005). If a petitioner has failed to exhaust his administrative remedies, we lack 

jurisdiction to consider the claim. Amaya-Artunduaga v. U.S. Att’y Gen., 463 F.3d 

1247, 1251 (11th Cir. 2006). When an appellant fails to offer argument on an 

issue, that issue is abandoned. Sepulveda v. U.S. Att’y Gen., 401 F.3d 1226, 1228 

n.2 (11th Cir. 2005). 

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We review the BIA’s denial of a motion to reconsider for abuse of 

discretion. Calle v. U.S. Att’y Gen., 504 F.3d 1324, 1328 (11th Cir. 2007). A 

motion to reconsider “shall specify the errors of law or fact in the previous order 

and shall be supported by pertinent authority.” INA § 240(c)(6)(C), 8 U.S.C. 

§ 1229a(c)(6)(C). “[A] motion that merely republishes the reasons that had failed 

to convince the tribunal in the first place gives the tribunal no reason to change its 

mind.” Calle, 504 F.3d at 1329 (quotation omitted). Consequently, a motion to 

reconsider that merely reiterates arguments previously presented to the BIA does 

not specify errors of facts or law as required for a successful motion to reconsider. 

Id. Moreover, a motion to reconsider based on a legal argument that could have 

been raised earlier in the proceedings will be denied. Matter of O-S-G-, 24 I. & N. 

Dec. 56, 58 (BIA 2006). 

To the extent that Saban is challenging the BIA’s October 2012 order 

affirming the IJ’s denial of his motion to reopen, his March 11, 2013 petition for 

review is untimely. See INA § 242(b)(1), 8 U.S.C. § 1252(b)(1). Therefore, we 

lack jurisdiction to review such arguments. Dakane, 399 F.3d at 1272 n.3. We 

also lack jurisdiction to review Saban’s Padilla argument because he failed to 

exhaust it before the IJ and the BIA. See Amaya-Artunduaga, 463 F.3d at 1251. 

Accordingly, we dismiss Saban’s petition for review as to these issues. 

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On appeal, Saban does not appear to challenge the BIA’s determination that 

he did not set forth an adequate basis for reconsideration because he did not 

identify any prior arguments that were overlooked or identify any errors of law or 

fact. Instead, Saban appears to be reasserting his arguments that the IJ should have 

held a competency hearing and he was not removable as charged, which he raised 

in his motion to reconsider. Because he has not challenged the BIA’s 

determination that he did not identify any prior arguments that were overlooked or 

identify any errors of law or fact in the BIA’s original opinion, he arguably 

abandoned any such challenge to the BIA’s denial of his motion to reconsider. 

Sepulveda, 401 F.3d at 1228 n.2.

Regardless of any potential abandonment, the BIA did not abuse its 

discretion in denying Saban’s motion to reconsider. Instead of pointing to any 

errors in the BIA’s earlier opinion, Saban argued for the first time that his mental 

capacity constituted extraordinary circumstances that caused his failure to attend 

his hearing. He also reiterated the argument that he made in his motion to reopen 

to the IJ and in his appeal to the BIA that he was not removable as charged based 

on Matter of Alyazji, 25 I. & N. Dec. 397 (BIA 2011). Because Saban’s motion to 

reconsider reiterated old arguments and raised a new one that he could have made 

in earlier proceedings, the BIA did not abuse its discretion in denying his motion to 

reconsider. See Calle, 504 F.3d at 1329; Matter of O-S-G-, 24 I. & N. Dec. at 58. 

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Accordingly, we deny Saban’s petition to the extent that he is challenging the 

denial of his motion to reconsider. 

PETITION DISMISSED IN PART, DENIED IN PART. 

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