Luz Guzman v. Eric Holder, Jr.

FILED APR 27 2011 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LUZ MARTHA GUZMAN, No. 09-70698 Petitioner, Agency No. A070-754-745 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, O’SCANNLAIN, and BYBEE, Circuit Judges. Luz Martha Guzman, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, * 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). 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion by denying Guzman’s motion to reopen because she did not request any relief over which the BIA had jurisdiction. See Matter of Yauri, 25 I. & N. Dec. 103, 110 (BIA 2009); see also 8 C.F.R. § 214.14(c)(1) (“USCIS has sole jurisdiction over all petitions for U nonimmigrant status.”). We lack jurisdiction to review the BIA’s October 13, 2008, order dismissing Guzman’s appeal from an immigration judge’s denial of cancellation of removal because she failed to timely petition this court for review of that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 09-70698