Francisco Chavez Moreno v. ERIC H. HOLDER Jr., Attorney General

07-71550Court of Appeals for the Ninth CircuitJan 6, 2010

Full text

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).
AP/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FRANCISCO CHAVEZ MORENO,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71550
Agency No. A079-542-474
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 15, 2009**
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Francisco Chavez Moreno, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order denying his
FILED
JAN 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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AP/Research 07-71550 2
motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We deny in part and dismiss in part the petition for review.
Chavez Moreno fails to raise, and therefore waives, any challenge to the
BIA’s April 11, 2007 order denying his motion to reopen. See Martinez-Serrano v.
INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
To the extent that Chavez Moreno challenges the BIA’s June 30, 2006, order
denying his underlying application for cancellation of removal, that order is not
properly before us because the petition 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).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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