Diaz-Gutierrez v. Holder

FILED
NOT FOR PUBLICATION FEB 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO DIAZ-GUTIERREZ, No. 07-74580
Petitioner, Agency No. A078-968-161
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.
Francisco Diaz-Gutierrez, a native and citizen of Honduras, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order 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).
AP/Research
motion for administrative closure. 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 denial of a request for
administrative closure. See Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1120
(9th Cir. 2009).
To the extent that Diaz-Gutierrez’s motion could be construed as a motion to
reopen, the BIA did not abuse its discretion in denying Diaz-Gutierrez’s second
motion to reopen as untimely and numerically barred where the motion was filed
more than three years after the BIA’s final administrative order. See 8 C.F.R.
§ 1003.2(c)(2); Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir. 2004) (BIA
denials of motions to reopen are reviewed for abuse of discretion), amended by 404
F.3d 1105 (9th Cir. 2005).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
AP/Research 2 07-74580