Agustin Hernandez-Hernandez v. Eric H. Holder Jr. , 382 F. App'x 543 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
AGUSTIN HERNANDEZ- No. 08-71646
HERNANDEZ,
Agency No. A097-349-937
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
San Francisco, California
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Agustin Hernandez-Hernandez, a native and citizen of Mexico, petitions pro
se for review of the decision of the Board of Immigration Appeals’ denying his
*
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).
second motion to reconsider the underlying denial of his application for
cancellation of relief based on his failure to establish the requisite hardship to a
qualifying relative. The BIA denied the motion as numerically-barred and
untimely-filed.
Hernandez-Hernandez contends that the BIA erred by not finding
exceptional and extremely unusual hardship to his two United States citizen
children. Hernandez-Hernandez also contends there is no rational basis for treating
aliens differently who apply for § 212(c) relief and for cancellation relief.
Hernandez-Hernandez has not raised any challenges to the BIA’s denial of
his second motion to reconsider as numerically barred and untimely, and therefore
he has waived any challenge to that decision. See Martinez-Rios v. Holder, 94
F.3d 1256, 1259 (9th Cir. 1996) (issues not supported by argument in a brief are
deemed abandoned).
PETITION FOR REVIEW DENIED.
2 08-71646