Briseno Godinez v. Holder

375 F. App'x 720

• Court: Court of Appeals for the Ninth Circuit
• Decided: April 13, 2010
• Docket: 07-74520
• Status: Unpublished

Opinion

MEMORANDUM **

Victor Manuel Briseno Godinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturnbama v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

The BIA did not abuse its discretion when it denied Briseno Godinez’s motion to reopen because he failed to voluntarily depart during his voluntary departure period, and is therefore ineligible for cancellation of removal. See 8 U.S.C. § 1229c(d)(l); cf. Matter of Zmijewska, 24 I. & N. Dec. 87, 94 (BIA 2007).

We need not address Briseno Godinez’s remaining contentions, as they are foreclosed by his ineligibility for relief.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.