Rodriguez-Alonso

Rodriguez-Alonso v. Holder

Good Law
358 F. App'x 881
United States Court of Appeals for the Ninth CircuitDecember 7, 200907-70025California238 words

Opinion

Opinion

Jorge Rodriguez-Alonso, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations in immigration proceedings. Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir.2006). We dismiss in part and deny in part the petition for review.

To the extent Rodriguez-Alonso challenges the BIA’s June 29, 2006, order dismissing his underlying appeal, we lack jurisdiction because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

We also lack jurisdiction to review the BIA’s denial of Rodriguez-Alonso’s motion to reopen, which introduced further evidence of hardship to his United States citizen children. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (“Section 1252(a)(2)(B)(i) ... bars jurisdiction where the question presented is essentially the same discretionary issue orig inally decided.”). It follows that we lack jurisdiction to review Rodriguez-Alonso’s contention that the BIA failed to explain adequately its reasons for denying the motion to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.