Mohamed Ismail v. Loretta E. Lynch

MEMORANDUM

1.We lack jurisdiction to review the BIA’s December 11, 2008 decision affirming the IJ’s denial of Ismail’s application for cancellation of removal because Ismail did not file a petition for review within 30 days of the BIA’s decision. See 8 U.S.C. § 1252 (b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003) (the 30-day time limit is “mandatory and jurisdictional, and cannot be tolled”). We therefore dismiss in part the petitions seeking review of that BIA order (Nos. 0973175 and 10-71099).

2. Although Ismail filed a petition for review of the BIA’s September 14, 2009 decision denying his motion to reopen and reconsider, he failed to advance any argument with respect to this decision in his opening brief. He has therefore waived his challenge, and the petition for review of the September 14, 2009 decision is denied in part (No. 09-73175). See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996).

3. The BIA did not abuse its discretion in denying Ismail’s second motion to reopen and reconsider on March 19, 2010. Not only was Ismail’s motion to reconsider untimely, see 8 C.F.R. § 1003.2 (b)(2), but he also failed to provide any explanation as to why the BIA…