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

Hien Xuan Cao v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided January 5, 2010 · Goodwin, Wallace, Clifton

361 F. App'x 760

Counsel

Hien Xuan Cao, Everett, WA, pro se., Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, WWS-District Counsel, Immigration and Naturalization Service, Office of the District Counsel, Seattle, WA, Douglas E. Ginsburg, Esq., Lyle D. Jentzer, Esq., DOJ-U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion

MEMORANDUM **

Hien Xuan Cao, a native and citizen of Vietnam, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

In his opening brief, Cao fails to address, and therefore has waived any challenge to, the BIA’s June 28, 2006, decision denying reopening. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues that are not specifically raised and argued in a party’s opening brief are waived).

We lack jurisdiction to review the BIA’s August 4, 2003, order dismissing Cao’s 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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