Garcia Lopez v. Holder , 362 F. App'x 804 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 21 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JESUS ALBERTO GARCIA LOPEZ; No. 07-72241
MARTHA MARIA GARCIA,
Agency Nos. A097-854-079
Petitioners, A097-854-120
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 10, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Jesus Alberto Garcia Lopez and Martha Maria Garcia, natives and citizens of
Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”)
*
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).
IH/Research
order denying their motion to reopen and reconsider. Our jurisdiction is governed
by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s March 8, 2007, order dismissing
petitioners’ appeal from an immigration judge’s order denying their application for
cancellation of removal. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).
The petition for review is timely only as to the BIA’s May 11, 2007, order
denying petitioners’ motion to reopen and reconsider. In their brief, petitioners fail
to address this order and waive any challenge to it. 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).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
IH/Research 2 07-72241