Barberena-Hernandez
Barberena-Hernandez v. Mukasey
Opinion
Lead Opinion
MEMORANDUM **
Wilfredo Ramon Barberena-Hernandez, native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings to ad *858 just status under the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”), Pub.L. No. 105-100, 111 Stat. 2160, as amended by Pub.L. No. 105-139, 11 Stat. 2644, and denying his motion to adjust status pursuant to an approved visa petition. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review the BIA’s decision for abuse of discretion, see I.N.S. v. Doherty, 502 U.S. 314, 315, 323 , 112 S.Ct. 719 , 116 L.Ed.2d 823 (1992), and we deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying as untimely Barberena-Hernandez’s motion to reopen because the motion was filed at least seven years after the deadline for relief under NACARA, see 8 C.F.R. § 1003.43 (e)(1) (requiring motions to reopen to apply for NACARA relief be filed by September 11, 1998), and nine years after the deadline relevant for adjustment of status, see 8 C.F.R. § 1003.2 (c)(2) (requiring motions to reopen be filed within 90…