Maigue

Maigue v. Ashcroft

Good Law
97 F. App'x 138
United States Court of Appeals for the Ninth CircuitMay 12, 2004No. 03-70883, A70-957-049California266 words

Opinion

Lead Opinion

MEMORANDUM **

Elmer Celoza Maigue, a native and citizen of the Philippines, petitions for review *139 of the Board of Immigration Appeals’ (“BIA”) January 28, 2003 denial of his motion to reopen to pursue adjustment of status. We review the denial of a motion to reopen for abuse of discretion. DeMartinez v. Ashcroft, 363 F.3d 1022, 1024 (9th Cir.2004). We deny in part, and dismiss in part, the petition for review.

Because Maigue failed to address how the BIA abused its discretion by denying his motion to reopen, he has waived any challenge to this decision, and we deny the petition for review. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir. 1996).

Furthermore, we lack jurisdiction to review Maigue’s contentions regarding the BIA’s September 10, 2002 decision affirming the immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture, because Maigue did not file a timely petition for review from that decision. See id. at 1258 ; see also 8 U.S.C. § 1252 (b)(1). We also lack jurisdiction to review Maigue’s claim of ineffective assistance of counsel because he did not present this claim to the BIA. See OntiverosLopez v.…

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.