Dilag v. Holder

FILED
NOT FOR PUBLICATION FEB 23 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MANOLITO DILAG, No. 07-74147
Petitioner, Agency No. A042-825-432
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.
Manolito Dilag, native and citizen of the Philippines, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision deeming his cancellation of removal
*
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).
LR/Research
application waived. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review
de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.
2005). We deny the petition for review.
The agency properly determined that Dilag waived his application for
cancellation of removal where he failed to file it within the time limit set by the IJ.
See 8 C.F.R. § 1003.31(c) (authorizing the IJ to set filing deadlines and to deem
waived any application not filed by the deadline).
Dilag’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
LR/Research 2 07-74147