Adams v. Gonzales

236 F. App'x 977

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 25, 2007
• Docket: 05-60874
• Status: Unpublished

Opinion

PER CURIAM: *

Moses Appoh Adams, a citizen of Ghana, challenges the Board of Immigration Ap peals’ (BIA) denial of his motion to reopen. The Government contends Adams’ petition for review is timely only as to the denial of his motion to reconsider, while his brief challenges only the denial of his motion to reopen. We agree.

Because Adams’ petition for review was not filed within 30 days of the denial of the motion to reopen, it is dismissed as to that denial. See 8 U.S.C. § 1252(b)(1); Karimian-Kaklaki v. INS, 997 F.2d 108, 111 (5th Cir.1993). Adams’ petition is timely as to the BIA’s denial of his motion to reconsider. Adams has waived review of that denial, however, by failing to challenge it in his brief. See Rodriguez v. INS, 9 F.3d 408, 414 n. 15 (5th Cir.1993); Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir.1986). Therefore, his petition is denied as to the BIA’s denial of his motion to reconsider.

PETITION DISMISSED IN PART AND DENIED IN PART.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.