Zuniga-Negrete

Zuniga-Negrete v. Gonzales

Good Law
127 F. App'x 973
United States Court of Appeals for the Ninth CircuitApril 15, 2005No. 02-71436; Agency No. A75-487-987California609 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Maria Magdalena Zuniga-Negrete (“Zuniga-Negrete”), a native and citizen of Mexico, petitions for review of the April 2002 order of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) decision finding her removable and denying her application for cancellation of removal. Although she did not file a petition for review, Zuniga-Negrete also seeks review of the BIA’s March 2003 denial of her Motion to Reopen and Reconsider. We dismiss the petition for review in part, and deny in part.

As an initial matter, we lack jurisdiction to review the BIA’s March 19, 2003, order denying Zuniga-Negrete’s Motion to Reopen and Reconsider because she did not file a timely petition for review. See 8 U.S.C. § 1252 (b)(1); see also Stone v. INS, 514 U.S. 386, 400-05 , 115 S.Ct. 1537 , 131 L.Ed.2d 465 (1995). Because we lack jurisdiction to consider this BIA action, we may not consider the documents submitted in Zuniga-Negrete’s opening brief that are not a part of the administrative record from the BIA’s April 2002 order. See 8 U.S.C. § 1254 (b)(4)(A).

Zuniga-Negrete raises three main contentions to challenge the BIA’s April…

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