FILED
NOT FOR PUBLICATION MAR 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
YU CHEN ZHAO, No. 08-72862
Petitioner, Agency No. A047-183-823
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted March 8, 2011
Before: FARRIS, LEAVY, and BYBEE, Circuit Judges.
Yu Chen Zhao, a native and citizen of China, petitions pro se for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We deny in part and dismiss in part 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).
In his opening brief, Zhao fails to address, and therefore has waived any
challenge to, the agency’s determination that he abandoned his lawful permanent
resident status. 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).
To the extent Zhao challenges the BIA’s December 16, 2008, order denying
his motion to reopen, we lack jurisdiction because the petition for review is not
timely as to that order. See 8 U.S.C. § 1252(b)(1); Andia v. Ashcroft, 359 F.3d
1181, 1183 n.3 (9th Cir. 2004) (per curiam).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-72862