Perfecto Solano-Garcia v. Eric Holder, Jr.

MEMORANDUM

Salvador Navarro Calumno, Jr., a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Calumno’s untimely motion to reopen to apply for adjustment of status, where the motion was filed more than 10 years after the September 30, 1996, deadline. See 8 C.F.R. § 1003.2 (c)(2) (a motion to reopen deportation or exclusion proceedings must be filed no later than 90 days after a final order or on or before September 30, 1996, whichever is later); Matter of M-S-, 22 I. & N. Dec. 349, 356-57 (BIA 1998) (a motion to reopen an in absentia order in order to apply for adjustment of status is subject to requirements of 8 C.F.R. § 1003.2 (c)):

To the extent that Calumno challenges the BIA’s 2004 order dismissing his appeal from an immigration judge’s order determining that…