FILED
NOT FOR PUBLICATION SEP 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
PABLO IVAN HERNANDEZ-PALACIO, No. 08-71920
Petitioner, Agency No. A071-575-846
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Pablo Ivan Hernandez-Palacio, a native and citizen of Guatemala, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motions to reconsider and reopen removal proceedings. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
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).
reopen or reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.
2005), and we deny the petition for review.
The BIA acted within its discretion in denying Hernandez-Palacio’s motion
to reopen based on ineffective assistance of counsel because he failed to comply
with the requirements set forth in Matter of Lozada, 19 I. & N. Dec. 637, 639 (BIA
1988), and the ineffective assistance he alleges is not plain on the face of the
record. See Reyes v. Ashcroft, 358 F.3d 592, 597-99 (9th Cir. 2004).
In his opening brief, Hernandez-Palacio fails to address, and therefore has
waived any challenge to, the BIA’s determination that, construed as motion to
reconsider, the motion was untimely filed. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a
party’s opening brief are waived).
PETITION FOR REVIEW DENIED.
2 08-71920