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Rodriguez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 18, 2012
No. 10-73474 (9th Cir. Sep. 18, 2012)

Opinion

No. 10-73474 Agency No. A097-708-506

09-18-2012

LUIS HUMBERTO RODRIGUEZ, a.k.a. Humberto Rodriguez, 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NOT FOR PUBLICATION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.

Luis Humberto Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

In his opening brief, Rodriguez fails to address, and therefore has waived any challenge to, the BIA's dispositive determination that the motion to reopen was untimely. 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).

Because the BIA's untimeliness determinations is dispositive, we do not reach Rodriguez's remaining contentions.

PETITION FOR REVIEW DENIED.


Summaries of

Rodriguez v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Sep 18, 2012
No. 10-73474 (9th Cir. Sep. 18, 2012)
Case details for

Rodriguez v. Holder

Case Details

Full title:LUIS HUMBERTO RODRIGUEZ, a.k.a. Humberto Rodriguez, Petitioner, v. ERIC H…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Sep 18, 2012

Citations

No. 10-73474 (9th Cir. Sep. 18, 2012)