FILED
NOT FOR PUBLICATION JUN 06 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EPIGMENIO MONTES-LOPEZ, No. 08-73470
Petitioner, Agency No. A098-456-274
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2011 **
Before: PREGERSON, THOMAS, and PAEZ, Circuit Judges.
Epigmenio Montes-Lopez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to reopen, and review de novo questions of law.
*
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).
Granados-Oseguera v. Mukasey, 546 F.3d 1011, 1014 (9th Cir. 2008) (per
curiam). We deny the petition for review.
The BIA did not abuse its discretion in denying Montes-Lopez’s motion to
reopen where Montes-Lopez failed to depart the United States by his voluntary
departure deadline, and was therefore statutorily ineligible for the relief requested.
See 8 U.S.C. § 1229c(d)(1); Granados-Oseguera, 546 F.3d at 1016 (statutory bar
on relief resulting from failure to voluntarily depart is not subject to an exception
in cases involving ineffective assistance of counsel).
In light of our disposition, we need not address Montes-Lopez’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 08-73470