Jorge Mendoza-Barragan v. Eric Holder, Jr. , 550 F. App'x 394 ( 2013 )


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  •                                                                            FILED
    NOT FOR PUBLICATION                          DEC 18 2013
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                      U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    JORGE MENDOZA-BARRAGAN,                          No. 11-72384
    Petitioner,                       Agency No. A075-766-086
    v.
    ERIC H. HOLDER, Jr., Attorney General,           MEMORANDUM*
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted December 17, 2013**
    Before:        GOODWIN, WALLACE, and GRABER, Circuit Judges.
    Jorge Mendoza-Barragan, a native and citizen of Mexico, petitions for
    review of an order of the Board of Immigration Appeals (“BIA”) denying his
    second motion to reopen seeking reissuance of the BIA’s prior order dismissing his
    appeal from an immigration judge’s removal order. Our jurisdiction is governed
    *
    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).
    by 
    8 U.S.C. § 1252
    . We review for abuse of discretion the BIA’s denial of a
    motion to reopen, Hernandez-Velasquez v. Holder, 
    611 F.3d 1073
    , 1077 (9th Cir.
    2010), and for substantial evidence the BIA’s factual determinations, Siong v. INS,
    
    376 F.3d 1030
    , 1036 (9th Cir. 2004). We deny in part and dismiss in part the
    petition for review.
    The BIA did not abuse its discretion by denying Mendoza-Barragan’s
    second motion to reopen for reissuance, because the evidence in the record does
    not compel the conclusion that Mendoza-Barragan did not receive the BIA’s prior
    order dismissing his appeal. See Hernandez-Velasquez, 
    611 F.3d at 1078
     (“[T]he
    BIA enjoys a rebuttable ‘presumption of mailing’ when it issues a decision
    accompanied by a properly addressed and dated cover letter . . . , [which] may be
    rebutted by affidavits of nonreceipt . . . .”); see also Singh v. INS, 
    213 F.3d 1050
    ,
    1054 n.8 (9th Cir. 2000) (“[S]tatements in motions are not evidence and are
    therefore not entitled to evidentiary weight.”).
    We lack jurisdiction to review Mendoza-Barragan’s challenge to the BIA’s
    order of March 27, 2007, denying his first motion to reopen for reissuance, because
    this petition for review is untimely as to that order. See Membreno v. Gonzales,
    
    425 F.3d 1227
    , 1229 (9th Cir. 2005).
    PETITION FOR REVIEW DENIED in part; DISMISSED in part.
    2                                     11-72384
    

Document Info

Docket Number: 11-72384

Citation Numbers: 550 F. App'x 394

Judges: Goodwin, Wallace, Graber

Filed Date: 12/18/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024