Gabriel Ramirez Santa Cruz v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GABRIEL RAMIREZ SANTA CRUZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-70378
Agency No. A077-374-669
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Gabriel Ramirez Santa Cruz, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his second
motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
FILED
JUN 10 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d
770, 773 (9th Cir. 2008), and we deny in part and dismiss in part the petition for
review.
Santa Cruz has waived any challenge to the BIA’s conclusion that his
second motion to reopen was time- and number-barred. 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).
We lack jurisdiction to review the BIA’s decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Ekimian v.
INS, 303 F.3d 1153, 1159 (9th Cir. 2002).
In light of our disposition, we do not reach Santa Cruz’s remaining
contentions.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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