FILED
NOT FOR PUBLICATION OCT 25 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ENRIQUE PUENTES-IBARRA, No. 12-70437
Petitioner, Agency No. A024-341-618
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Enrique Puentes-Ibarra, a native and citizen of Mexico, petitions pro se for
review of an order of the U.S. Department of Homeland Security (“DHS”)
reinstating his prior order of removal. We dismiss the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction to review DHS’s reinstatement order because Puentes-
Ibarra filed his Petition for Review beyond the statutory 30-day filing deadline.
See 8 U.S.C. § 1252(b)(1) (“The petition for review must be filed not later than 30
days after the date of the final order of removal.”); see also Singh v. INS, 315 F.3d
1186, 1188 (9th Cir. 2003) (“[T]he ‘[t]ime for filing a review petition begins to run
when the [agency] complies with the terms of federal regulations [governing
service of the agency’s decision].’” (citation omitted)). Puentes-Ibarra’s opening
brief does not contain any assertion of nonreceipt of the reinstatement order. See
Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“[W]e generally will not
take up arguments not raised in an alien’s opening brief before this court.”).
PETITION FOR REVIEW DISMISSED.
2 12-70437