Marco Romero-Romero v. Eric Holder, Jr.

FILED

NOT FOR PUBLICATION JAN 19 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MARCO ANTONIO ROMERO- No. 09-70415

ROMERO,

Agency No. A042-326-903 Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER, Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted January 10, 2012 Pasadena, California

Before: KOZINSKI, Chief Judge, REINHARDT and W. FLETCHER, Circuit Judges.

Marco Antonio Romero-Romero seeks review of an order by the Board of

Immigration Appeals (“BIA”) denying his untimely motion to reopen removal

proceedings. The BIA declined to exercise its sua sponte authority to reopen under

8 C.F.R. § 1003.2(a).

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Romero argues that the BIA erred by placing the burden on him to establish

the reasons why the state court vacated his attempted rape conviction. However,

his reliance on Nath v. Gonzales, 467 F.3d…