Cristobal Hernandez-Gonzalez v. Eric Holder, Jr.

475 F. App'x 196

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 27, 2012
• Docket: 10-70035
• Status: Unpublished

Opinion

MEMORANDUM **

Cristobal Hernandez-Gonzalez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Guzman v. INS, 318 F.3d 911, 912 n. 1 (9th Cir.2003) (per curiam). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Gonzalez-Hernandez’s challenge to the BIA’s underlying order dismissing his appeal from the immigration judge’s denial of his asylum, withholding of removal, and Convention Against Torture claims because this petition is not timely as to that decision. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir.2003).

We reject Gonzalez-Hernandez’s contention that he qualifies as an unaccompanied alien child under the Trafficking Victims Protection Reauthorization Act of 2008. See 6 U.S.C. § 279(g)(2)(C). Accordingly, his challenge to the BIA’s denial of his motion to reopen fails.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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