U.S. Court of Appeals for the Ninth Circuit, 2007

Lopez-Miramontes v. Gonzales

Lopez-Miramontes v. Gonzales
U.S. Court of Appeals for the Ninth Circuit · Decided April 23, 2007
229 F. App'x 499

Lopez-Miramontes v. Gonzales

Opinion of the Court

MEMORANDUM **

Jesus Lopez-Miramontes and Maria Eugenia Lopez, husband and wife and nafives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) decision denying their motion to reopen removal proceedings. To the extent we have jurisdiction it is pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part and dismiss in part the petition for review.

In their opening brief, petitioners fail to address, and therefore waive any challenge to, the BIA’s determination that their motion was untimely. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived).

We lack jurisdiction to review the BIA’s underlying order dismissing petitioners’ direct appeal from the immigration judge’s decision because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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