Clemente Javier v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CLEMENTE JAVIER,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70719
Agency No. A097-869-136
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2016**
Before: WALLACE, LEAVY, and FISHER, Circuit Judges.
Clemente Javier, a native and citizen of Guatemala, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings. We dismiss the petition for review.
To the extent Javier is challenging the BIA’s August 2013 order dismissing
* 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
DEC 19 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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his appeal from an immigration judge’s denial of his application for cancellation of
removal for failure to establish the requisite hardship, this petition 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.”).
We lack jurisdiction to review the BIA’s denial of Javier’s motion to reopen,
where the evidence submitted with the motion was not so distinct from that
previously considered in the underlying denial of cancellation of removal as to
constitute a new ground of hardship. See Fernandez v. Gonzales, 439 F.3d 592,
602-03 (9th Cir. 2006).
PETITION FOR REVIEW DISMISSED.

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