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Pelaes v. Mukasey

United States Court of Appeals, Ninth Circuit
Jul 2, 2008
284 F. App'x 451 (9th Cir. 2008)

Opinion

No. 06-73361.

Submitted June 18, 2008.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed July 2, 2008.

Miguel Flores Pelaes, pro se.

Maria Magdalena Moto Ramos, pro se.

CAC-District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Christopher P. McGreal, Emily Anne Radford, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A75-621-622, A73-915-531.

Before: REINHARDT, LEAVY, and CLIFTON, Circuit Judges.



MEMORANDUM

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

Miguel Flores Pelaes and Maria Magdalena Moto Ramos, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals' ("BIA") order denying their motion to reconsider its July 9, 2004, order denying their motion to reopen removal proceedings to raise a Convention Against Torture claim.

We lack jurisdiction to review the BIA's July 9, 2004 order because the instant petition for review is untimely as to that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir. 1996). Petitioners have waived any challenge to the BIA's order, denying their motion to reconsider the 2004 order by failing to address that order in their opening brief. See id. at 1260 (holding that issues not addressed in the opening brief are generally waived).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.


Summaries of

Pelaes v. Mukasey

United States Court of Appeals, Ninth Circuit
Jul 2, 2008
284 F. App'x 451 (9th Cir. 2008)
Case details for

Pelaes v. Mukasey

Case Details

Full title:Miguel Flores PELAES; et al., Petitioners, v. Michael B. MUKASEY, Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 2, 2008

Citations

284 F. App'x 451 (9th Cir. 2008)