Jorge Israel Silva Salazar 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NOT FOR PUBLICATION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
JORGE ISRAEL SILVA SALAZAR,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-71113
Agency No. A095-316-053
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 10, 2010**
Before: LEAVY, HAWKINS, and IKUTA, Circuit Judges.
Jorge Israel Silva Salazar, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen. We have jurisdiction under 8 U.S.C. § 1252. Reviewing for abuse of
FILED
AUG 31 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

08-71113 2
discretion, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005), we deny
the petition for review.
The BIA did not abuse its discretion in denying Silva Salazar’s second
motion to reopen as untimely and numerically barred because the successive
motion was filed nearly one year after the BIA’s September 19, 2006, order
dismissing his underlying appeal, and Silva Salazar failed to demonstrate that he
qualified for an exception to the time or number limits. See 8 C.F.R.
§ 1003.2(c)(2)-(3); Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir. 2004).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --