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Puentes-Ibarra v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2013
No. 12-70437 (9th Cir. Oct. 15, 2013)

Opinion

No. 12-70437 Agency No. A024-341-618

10-15-2013

ENRIQUE PUENTES-IBARRA, 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NOT FOR PUBLICATION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: FISHER, GOULD, and BYBEE, Circuit Judges.

Enrique Puentes-Ibarra, a native and citizen of Mexico, petitions pro se for review of an order of the U.S. Department of Homeland Security ("DHS") reinstating his prior order of removal. We dismiss the petition for review.

We lack jurisdiction to review DHS's reinstatement order because Puentes-Ibarra filed his Petition for Review beyond the statutory 30-day filing deadline. See 8 U.S.C. § 1252(b)(1) ("The petition for review must be filed not later than 30 days after the date of the final order of removal."); see also Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003) ("[T]he '[t]ime for filing a review petition begins to run when the [agency] complies with the terms of federal regulations [governing service of the agency's decision].'" (citation omitted)). Puentes-Ibarra's opening brief does not contain any assertion of nonreceipt of the reinstatement order. 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.").

PETITION FOR REVIEW DISMISSED.


Summaries of

Puentes-Ibarra v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Oct 15, 2013
No. 12-70437 (9th Cir. Oct. 15, 2013)
Case details for

Puentes-Ibarra v. Holder

Case Details

Full title:ENRIQUE PUENTES-IBARRA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Oct 15, 2013

Citations

No. 12-70437 (9th Cir. Oct. 15, 2013)