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

Jorge Silva Salazar v. Eric H. Holder Jr.

Jorge Silva Salazar v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided August 31, 2010 · Leavy, Hawkins, Ikuta
394 F. App'x 375

Jorge Silva Salazar v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Jorge Israel Silva Salazar, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 *376 (9th Cir. 2005), we deny the petition for review.

The BIA did not abuse its discretion in denying Silva Salazar’s second motion to reopen as untimely and numerically barred because the successive motion was filed nearly one year after the BIA’s September 19, 2006, order dismissing his underlying appeal, and Silva Salazar failed to demonstrate that he qualified for an exception to the time or number limits. See-8 C.F.R. § 1003.2(c)(2)-(3); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004).

PETITION FOR REVIEW DENIED.

**

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

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