Opinion
No. 05-74932.
The panel unanimously finds this ease suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 28, 2008.
Sohan Singh, Yuba City, CA, pro se.
Ronald E. Lefevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Jimmye S. Warren, Esq., U.S. Dept of Justice Office of Immigration Litigation, Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A77-432-316.
Before: HALL, O'SCANNLAIN, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Sohan Singh, a native and citizen of India, petitions pro se for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA's underlying order dismissing Singh's appeal from an immigration judge's decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture because this petition for review is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005) (en banc).
In his opening brief, Singh fails to address, and therefore has waived any challenge to, the BIA's denial of his motion to reopen. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding that issues not raised in a party's opening brief are waived).