Case: 09-60880 Document: 00511323762 Page: 1 Date Filed: 12/16/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
December 16, 2010
No. 09-60880
Summary Calendar Lyle W. Cayce
Clerk
JUAN HERNAN CONTRERAS,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A028 021 832
Before JONES, Chief Judge, and JOLLY and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Juan Hernan Contreras, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ (the Board’s) decision denying his
motion to reconsider. Contreras’s motion to reconsider was filed after the
Board’s August 10, 2009 dismissal of his appeal from the Immigration Judge’s
(IJ’s) denial of his motion to reopen his 1995 deportation proceedings. Contreras
did not file a petition for review of the Board’s August 10, 2009 dismissal of his
appeal. See 8 U.S.C. § 1252(b)(1); Guevara v. Gonzales, 450 F.3d 173, 176 (5th
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-60880 Document: 00511323762 Page: 2 Date Filed: 12/16/2010
No. 09-60880
Cir. 2006). Therefore, that decision became final. See Stone v. INS, 514 U.S.
386, 388-90, 394-95 (1995). Nevertheless, the arguments in Contreras’s brief are
all aimed at challenging the August 10, 2009 dismissal and the IJ’s denial of his
motion to reopen. Absent a timely petition for review of the August 10, 2009
order, this court lacks jurisdiction to review Contreras’s claims. See Stone,
514 U.S. at 394-95.
Although Contreras raised the issue of venue in his motion to reconsider,
he does not make any arguments relating to venue. He has therefore abandoned
the only issue before this court. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th
Cir. 2003). Contreras’s petition for review is therefore DENIED.
2