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Castro v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
No. 11-70183 (9th Cir. Oct. 12, 2012)

Opinion

No. 11-70183 Agency No. A099-461-890 Agency No. A099-461-891

10-12-2012

SALOMON HERNANDEZ CASTRO; ALEJANDRINA MALDONADO JARDINEZ, Petitioners, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.

Salomon Hernandez Castro and Alejandrina Maldonado Jardinez, natives and citizens of Mexico, petition pro se for review of an order of the Board of Immigration Appeals ("BIA") denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA's denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying petitioners' motion to reopen as untimely, where petitioners filed their motion to reopen nearly one year after issuance of the final order of removal, see 8 U.S.C. § 1229a(c)(7)(C)(i), and failed to demonstrate changed conditions in Mexico material to their claim to asylum such as would warrant an exception to the filing deadline, see Najmabadi, 597 F.3d at 986 (holding that a petitioner cannot reopen based on changed country conditions by relying on evidence that simply recounts generalized country conditions without demonstrating that his or her predicament is appreciably different from the dangers faced by fellow citizens).

Petitioners have waived any challenge to the BIA's determination that they did not demonstrate ineffective assistance by their former attorney. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) ("[W]e generally will not take up arguments not raised in an alien's opening brief before this court.").

We lack jurisdiction to review petitioners' challenges to the BIA's prior order dismissing their appeal from the immigration judge's decision, because this petition for review is untimely as to their underlying removal order. See Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Castro v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 12, 2012
No. 11-70183 (9th Cir. Oct. 12, 2012)
Case details for

Castro v. Holder

Case Details

Full title:SALOMON HERNANDEZ CASTRO; ALEJANDRINA MALDONADO JARDINEZ, Petitioners, v…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 12, 2012

Citations

No. 11-70183 (9th Cir. Oct. 12, 2012)