Samano Reyes v. Holder

368 F. App'x 737

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 25, 2010
• Docket: 05-75154
• Status: Unpublished

Opinion

MEMORANDUM **

Sergio Samano Reyes and Susana Martinez Mojica, spouses and natives and citizens of Mexico, petition for review the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”) decision to pretermit their applications for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Martinez-Garcia v. Ashcroft, 366 F.3d 732, 733 (9th Cir.2004), and we deny the petition for review.

The agency properly deemed Petitioners’ applications for cancellation of removal abandoned after they failed to file them by the deadline set by the IJ. See 8 C.F.R. § 1003.31(c) (authorizing IJs to set filing deadlines and stating that an application not filed by the deadline “shall be deemed waived”); see also Matter of R-R- 20 I. & N. Dec. 547, 549 (BIA 1992) (“The Board has long held that applications for benefits under the Act are properly denied as abandoned when the alien fails to timely file them.”).

PETITION FOR REVIEW DENIED.

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