Joshi v. Holder

367 F. App'x 859

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 26, 2010
• Docket: 07-72065
• Status: Unpublished

Opinion

MEMORANDUM **

Minton Lai Joshi, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. 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. Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Joshi’s third motion to reopen as untimely and numerically barred where the motion was filed more than two years after the BIA’s final administrative order. See 8 C.F.R. § 1003.2(c)(2).

This court lacks jurisdiction over Joshi’s contention that the filing deadline should have been equitably tolled because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (the court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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