Justino Valle-Garcia v. Eric Holder, Jr. , 561 F. App'x 634 ( 2014 )

FILED
NOT FOR PUBLICATION MAR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUSTINO S. VALLE-GARCIA, No. 10-71816
Petitioner, Agency No. A072-290-371
v.
MEMORANDUM*
ERIC H. HOLDER, JR., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2014**
Pasadena, California
Before: FERNANDEZ, GRABER, and MURGUIA, Circuit Judges.
Petitioner Justino Valle-Garcia petitioned for review of a Board of
Immigration Appeals (BIA) final order of removal on the ground that the BIA
erred in concluding that Petitioner was ineligible for cancellation of removal. The
BIA’s final order was issued on March 18, 2008, when it denied Petitioner relief
*
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).
from deportation but remanded to the immigration judge for voluntary departure
proceedings. See Pinto v. Holder, 648 F.3d 976, 982 (9th Cir. 2011). Petitioner
sought review in this court on June 9, 2010, more than two years later. Because 8
U.S.C. § 1252(b)(1) limits our review to petitions filed within thirty days of the
date of the final order of removal, we lack jurisdiction to consider the petition.1
See Yepremyan v. Holder, 614 F.3d 1042, 1043 (9th Cir. 2010) (per curiam)
(noting that the time limit under 8 U.S.C. § 1252(b)(1) is jurisdictional).
PETITION FOR REVIEW DISMISSED.
1
In light of our disposition, the Government’s motion to dismiss for
lack of jurisdiction is DISMISSED as moot.
2