Juvenal-Valerio v. Holder , 367 F. App'x 816 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JULIO JUVENAL-VALERIO, a.k.a. No. 07-73674
Rodrigo Gonzalez Urtado,
Agency No. A070-956-320
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
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
*
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
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.
NHY/Research 2 07-73674