Opinion
No. 13-73529
01-26-2016
FABIO ORLANDO CRUZ TORRES, AKA Orlando Flabio Cruz, AKA Flabio Nino, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-709-702 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Fabio Orlando Cruz Torres, a native and citizen of Colombia, petitions for review of the Board of Immigration Appeals' ("BIA") order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Toufighi v. Mukasey, 538 F.3d 988, 992 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying Cruz Torres' motion to reopen because it was untimely, see 8 C.F.R. § 1003.2(c)(2), and Cruz Torres failed to establish that any regulatory exception to the time limitation for filing a motion to reopen applied, see 8 C.F.R. § 1003.2(c)(3)(ii); see also Toufighi, 538 F.3d at 992 (court "defers to the Board's exercise of discretion unless it acted arbitrarily, irrationally or contrary to law").
We lack jurisdiction to consider Cruz Torres' contentions regarding relief under the Convention Against Torture because he did not raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (petitioner must exhaust claims in administrative proceedings below).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.