Santiago-Santiago v. Holder

FILED NOT FOR PUBLICATION JUN 22 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CENOBIO EVARISTO SANTIAGO- No. 09-70305 SANTIAGO, a.k.a. Cenobio Evaristo Santiago, Agency No. A091-717-485 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 15, 2011 ** Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges. Cenobio Evaristo Santiago-Santiago, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to reopen. We * 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). have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. In his opening brief, Santiago-Santiago fails to address, and therefore has waived any challenge to, the agency’s dispositive determination that the motion to reopen was untimely filed. 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); 8 C.F.R. § 1003.23(b)(1). PETITION FOR REVIEW DENIED. 2 09-70305