Wenceslao Bahena-Martinez v. Eric H. Holder Jr.
Opinion
Wenceslao Bahena-Martinez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.
In his opening brief, Bahena-Martinez fails to address, and therefore has waived any challenge to, the BIA’s April 29, 2008, decision denying his motion to reconsider. 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 underlying order dismissing Bahena-Martinez’s direct appeal because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
Petitioner’s December 14, 2010, motion to file a corrected opening brief is granted.
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.
Reference
- Full Case Name
- Wenceslao BAHENA-MARTINEZ, Petitioner, v. Eric H. HOLDER, Attorney General, Respondent
- Status
- Unpublished