Cestari-Cuenca
Cestari-Cuenca v. Mukasey
Opinion
lead Opinion
MEMORANDUM **
Marieli Cestari-Cuenca, and her husband, natives and citizens of Venezuela, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying both their motion to reopen and motion to reconsider the BIA’s underlying order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and protection under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for *694 abuse of discretion the denial of both motions. Malty v. Ashcroft, 381 F.3d 942, 945 (9th Cir.2004). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review the BIA’s prior order dismissing Cestari-Cuenca’s direct appeal from the IJ’s decision because she failed to file a timely petition for review of that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1258 (9th Cir.1996).
Cestari-Cuenca has forfeited any challenge to the BIA’s denial of the motion to reconsider because she failed to raise any argument related to the BIA’s basis for denying the motion. See id. at 1260 .