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De Oca v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 17, 2012
479 F. App'x 130 (9th Cir. 2012)

Opinion

No. 10-72832 Agency No. A097-351-699

09-17-2012

RODOLFO RUIZ-MONTES DE OCA, Petitioner, 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NOT FOR PUBLICATION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: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.

Rodolfo Ruiz-Montes De Oca, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

Ruiz-Montes De Oca fails to raise, and therefore has waived, any challenge to the BIA's determination that reopening in response to his third motion to reopen is not warranted under Delgado-Ortiz v. Holder, 600 F.3d 1148 (9th Cir. 2010). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues that are not specifically raised and argued in a party's opening brief are waived).

We lack jurisdiction to review the BIA's March 16, 2007, order dismissing Ruiz-Montes De Oca's direct appeal of the immigration judge's decision 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.


Summaries of

De Oca v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 17, 2012
479 F. App'x 130 (9th Cir. 2012)
Case details for

De Oca v. Holder

Case Details

Full title:RODOLFO RUIZ-MONTES DE OCA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 17, 2012

Citations

479 F. App'x 130 (9th Cir. 2012)