Julio Juvenal-Valerio, a.k.a. Rodrigo Gonzalez Urtado 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).
NHY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JULIO JUVENAL-VALERIO, a.k.a.
Rodrigo Gonzalez Urtado,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-73674
Agency No. A070-956-320
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Julio Juvenal-Valerio, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We
FILED
FEB 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NHY/Research 07-73674 2
review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS,
321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.
The BIA did not abuse its discretion in denying Petitioner’s motion to
reopen because Petitioner’s failure to file the motion to reopen before the
expiration of his voluntary departure period rendered him statutorily ineligible for
the relief he sought. See 8 U.S.C. § 1229c(d); De Martinez v. Ashcroft, 374 F.3d
759, 763 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.

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