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

Chavez Moreno v. Holder

Chavez Moreno v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided January 6, 2010 · Goodwin, Wallace, Clifton
361 F. App'x 797

Chavez Moreno v. Holder

Opinion

MEMORANDUM **

Francisco Chavez Moreno, a native and citizen of Mexico, 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.

Chavez Moreno fails to raise, and therefore waives, any challenge to the BIA’s April 11, 2007 order denying his motion to reopen. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).

To the extent that Chavez Moreno challenges the BIA’s June 30, 2006, order denying his underlying application for cancellation of removal, that order is not properly before us because the petition is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005).

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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