FILED
NOT FOR PUBLICATION JUL 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOSE JUAN DE DIOS ALVAREZ No. 09-71094
CASTANEDA, a.k.a. Jose Juan Alvarez,
Agency No. A095-588-250
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Jose Juan de Dios Alvarez Castaneda, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying
his motion to reconsider and reopen. Our jurisdiction is governed by 8 U.S.C.
*
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).
§ 1252. We review for abuse of discretion the denial of a motion to reconsider or
reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in
part and dismiss in part the petition for review.
In his opening brief, Alvarez Castaneda failed to raise, and therefore waived,
any challenge to the BIA’s denial of his motion to reconsider and reopen. See Rizk
v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (a petitioner waives an issue by
failing to raise it in the opening brief).
We lack jurisdiction to consider Alvarez Castaneda’s contention that he is
entitled to a continuance in order to pursue adjustment of status because he did not
present this contention to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th
Cir. 2004) (this court lacks jurisdiction over contentions not raised before the
BIA).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-71094