Garcia-Martinez v. Holder

MEMORANDUM **

Alfredo Garcia-Martinez, 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 an 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.

Garcia-Martinez has waived any challenge to the BIA’s dispositive conclusion that his second motion to reopen was untimely 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).

To the extent that Garcia-Martinez challenges the agency’s previous orders, we *865 lack jurisdiction because this petition for review is not timely as to those orders. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

Garcia-Martinez’s contention that the BIA abused its discretion by incorrectly construing his motion, in the alternative, as a request for reinstatement of voluntary departure is unavailing.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.