FILED
NOT FOR PUBLICATION MAR 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALFREDO GARCIA-MARTINEZ, No. 07-72908
Petitioner, Agency No. A075-687-238
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Alfredo Garcia-Martinez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his second
motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
*
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).
JT/Research
an abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d
770, 773 (9th Cir. 2008), and we deny in part and dismiss in part the petition for
review.
Garcia-Martinez has waived any challenge to the BIA’s dispositive
conclusion that his second motion to reopen was untimely and number-barred. 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 decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v.
INS, 303 F.3d 1153, 1159 (9th Cir. 2002).
To the extent that Garcia-Martinez challenges the agency’s previous orders,
we lack jurisdiction because this petition for review is not timely as to those orders.
See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
Garcia-Martinez’s contention that the BIA abused its discretion by
incorrectly construing his motion, in the alternative, as a request for reinstatement
of voluntary departure is unavailing.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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