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

Chiu v. Holder

Chiu v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided February 25, 2010 · Fernandez, Gould, Smith
367 F. App'x 803

Chiu v. Holder

Opinion

MEMORANDUM **

Anthony W. Chiu, a native and citizen of Canada, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motions to reopen and reconsider. Our jurisdiction is pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reopen and reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), and we deny in part and dismiss in part the petition for review.

The BIA properly construed Chiu’s April 26, 2007, filing as a motion to re *804 open and reconsider. See id. at 793. So construed, the BIA did not abuse its discretion in denying the motion to reopen because Chiu failed to offer any new or previously unavailable evidence. See 8 C.F.R. § 1003.2(c)(1).

The BIA did not abuse its discretion in denying the motion to reconsider as untimely because it was filed beyond the thirty-day time limit for motions to reconsider. See 8 C.F.R. § 1003.2(b)(2).

We lack jurisdiction to review Chiu’s challenges to the agency’s February 28, 2007, order 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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