U.S. Court of Appeals for the Ninth Circuit, 2010

Ramirez Santa Cruz v. Holder

Ramirez Santa Cruz v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided June 10, 2010 · Canby, Thomas, Fletcher
383 F. App'x 622

Ramirez Santa Cruz v. Holder

Opinion

MEMORANDUM **

Gabriel Ramirez Santa Cruz, 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 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.

Santa Cruz has waived any challenge to the BIA’s conclusion that his second motion to reopen was time- 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).

In light of our disposition, we do not reach Santa Cruz’s remaining contentions.

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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