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NOT FOR PUBLICATION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