Neth

Neth v. Holder

Good Law
344 F. App'x 409
United States Court of Appeals for the Ninth CircuitSeptember 2, 2009No. 05-76192California374 words

Opinion

Lead Opinion

MEMORANDUM **

Mony Neth, a native and citizen of Cambodia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen and reissue its prior order denying his motion to reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen, and de novo questions of law. See Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Neth’s motion as untimely because it was filed over 90 days after the BIA issued its final administrative order, see 8 C.F.R. § 1003.2 (c)(2), and Neth failed to demonstrate that he qualified for any of *410 the regulatory exceptions to the time limit on filing motions to reopen, see 8 C.F.R. § 1003.2 (c)(3)(i)-(iv).

We do not consider the equitable tolling contentions Neth set forth for the first time in his reply brief because he did not raise them in his opening brief. See Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir.1996) (per curiam).

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen removal…

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