Kusuma v. Ashcroft
Kusuma v. Ashcroft
Opinion of the Court
MEMORANDUM
Petitioners contend that the BIA improperly dismissed their appeal of an immigration judge’s denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture. We lack jurisdiction to review the BIA’s dismissal of their appeal because petitioners did not file a timely petition for review of this decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir. 1996); 8 U.S.C. § 1252(b)(1).
Further, petitioners failed to properly address how the BIA abused its discretion by denying their motion to reopen, and thereby waived this issue. See Martinez-Serrano, 94 F.3d at 1260; Fed. R.App. P. 28(a)(6). Even were we to reach the issue, the BIA did not abuse its discretion because petitioners failed to adduce new material evidence. See INS v. Doherty, 502 U.S. 314, 324, 112 S.Ct. 719, 116 L.Ed.2d 823 (1992).
PETITION FOR REVIEW DENIED in part, DISMISSED in part.
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