Villagomez

Villagomez v. Gonzales

Good Law
168 F. App'x 202
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 04-70974California355 words

Opinion

Lead Opinion

MEMORANDUM ***

Juan Villagomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s (“BIA”) decision denying his motion to reopen removal proceedings and reconsider its previous decision denying his application for a waiver of inadmissability under former section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c). We review for abuse of discretion the BIA’s denial of a motion to reopen and reconsider, Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002), and we dismiss the petition for review. Because the parties are familiar with the facts, we do not recite them in detail.

Villagomez has not argued that the BIA abused its discretion in denying his motion to reopen and reconsider, nor has he challenged the BIA’s determination that he was not deserving of cancellation of removal. Villagomez has thus waived any consideration of those issues. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996). Villagomez instead challenges the BIA’s initial dismissal of his appeal. However, we lack jurisdiction to consider his contentions as he failed to petition for review within 30 days of that decision. See 8 U.S.C. § 1252…

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