Manuel Antonio Astete-Diaz v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL ANTONIO ASTETE-DIAZ,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 13-73081
Agency No. A200-806-647
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Manuel Antonio Astete-Diaz, a native and citizen of Chile, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision granting voluntary departure. We
dismiss the petition for review.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 13-73081
We lack jurisdiction to consider Astete-Diaz’s challenges to the BIA’s April
2012 order denying his due process claims regarding a continuance and asylum
relief, where this petition for review is not timely as to that order. 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.”); Rizo v. Lynch, 810 F.3d 688, 691 (9th Cir.
2016) (a BIA order remanding solely for voluntary departure proceedings is a final
order of removal).
PETITION FOR REVIEW DISMISSED.

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