Elder Flores-Pascual v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION OCT 20 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ELDER ANIBAL FLORES-PASCUAL, No. 12-72509 Petitioner, Agency No. A098-439-239 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 14, 2014** Before: LEAVY, GOULD, and BERZON, Circuit Judges. Elder Anibal Flores-Pascual, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny 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). We lack jurisdiction to review the BIA’s March 6, 2012 order dismissing Flores-Pascual’s appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture, because he did not file a petition for review of that order. See Stone v. INS, 514 U.S. 386, 405 (1995); Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir. 1996). Flores-Pascual does not raise any arguments in his opening brief regarding the BIA’s denial of his motion to reconsider. See Martinez-Serrano, 94 F.3d at 1259-60 (issues not supported by argument are deemed waived). Thus, we deny the petition for review. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 12-72509