Don Susil P. Wijesinghe 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).
KY/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DON SUSIL P. WIJESINGHE,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-73446
Agency No. A070-632-552
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, M. SMITH, Circuit Judges.
Don Susil P. Wijesinghe, a native and citizen of Sri Lanka, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and
FILED
FEB 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KY/Research 06-73446 2
dismiss in part the petition for review.
In his opening brief, Wijesinghe fails to challenge the BIA’s order denying
his motion to reconsider. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60
(9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief
are waived).
We lack jurisdiction to review the BIA’s January 4, 2006, order because this
petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186,
1188 (9th Cir. 2003).
Wijesinghe’s motion to stay proceedings is denied.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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