Andres Diaz v. Eric Holder, Jr.

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 10, 2011
• Docket: 10-60796
• Status: Unpublished

Opinion

Case: 10-60796 Document: 00511567603 Page: 1 Date Filed: 08/10/2011

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED August 10, 2011 No. 10-60796 Summary Calendar Lyle W. Cayce Clerk

ANDRES MILLAN DIAZ,

Petitioner,

versus

ERIC H. HOLDER, JR., U.S. Attorney General,

Respondent.

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A091 602 696

Before REAVLEY, SMITH, and PRADO, Circuit Judges. PER CURIAM:*

Andres Diaz petitions for review of an order of the Board of Immigration Appeals (“BIA”) denying a motion to reopen his removal proceedings. To the ex-

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 10-60796 Document: 00511567603 Page: 2 Date Filed: 08/10/2011

No. 10-60796

tent that Millan raises arguments concerning the merits of his appeal to the BIA, we lack jurisdiction, because the petition for review is timely only as to the denial of the motion to reopen. 8 U.S.C. § 1252(b)(1); Stone v. INS, 514 U.S. 386, 395 (1995). Because Millan does not contest the denial of the motion on the ground that it failed to identify previously unavailable material evidence, he has abandoned any such claim before this court. See INS v. Abudu, 485 U.S. 94, 104- 05 (1988); see also Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir. 1986). Accordingly, the petition for review is DENIED in part and DISMISSED in part.