FILED
NOT FOR PUBLICATION FEB 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DON SUSIL P. WIJESINGHE, No. 06-73446
Petitioner, Agency No. A070-632-552
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, M. SMITH, Circuit Judges.
Don Susil P. Wijesinghe, a native and citizen of Sri Lanka, 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 deny in part and
*
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).
KY/Research
dismiss in part the petition for review.
In his opening brief, Wijesinghe fails to challenge the BIA’s order denying
his motion to reconsider. 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).
We lack jurisdiction to review the BIA’s January 4, 2006, order because this
petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186,
1188 (9th Cir. 2003).
Wijesinghe’s motion to stay proceedings is denied.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
KY/Research 2 06-73446