Samano Reyes v. Holder , 368 F. App'x 737 ( 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NOT FOR PUBLICATION FEB 25 2010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
SERGIO SAMANO REYES; SUSANA No. 05-75154
MARTINEZ MOJICA,
Agency Nos. A095-876-514
Petitioners, A095-876-515
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.
Sergio Samano Reyes and Susana Martinez Mojica, spouses and natives and
citizens of Mexico, petition for review the Board of Immigration Appeals’ order
affirming an immigration judge’s (“IJ”) decision to pretermit their applications for
*
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
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
de novo questions of law, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.
2004), and we deny the petition for review.
The agency properly deemed Petitioners’ applications for cancellation of
removal abandoned after they failed to file them by the deadline set by the IJ. See
8 C.F.R. § 1003.31(c) (authorizing IJs to set filing deadlines and stating that an
application not filed by the deadline “shall be deemed waived”); see also Matter of
R-R-, 20 I. & N. Dec. 547, 549 (BIA 1992) (“The Board has long held that
applications for benefits under the Act are properly denied as abandoned when the
alien fails to timely file them.”).
PETITION FOR REVIEW DENIED.
NHY/Research 2 05-75154