Vasquez-Montanez v. Immigration & Naturalization Service

70 F. App'x 465

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 23, 2003
• Docket: No. 01-71821; Agency No. A92-905-677
• Status: Published

Opinion

MEMORANDUM

**

Armando Vasquez-Montanez frames his petition as challenging the Immigration and Naturalization Service’s underlying decision to deny his application to adjust his status to become a permanent resident. Because Vasquez-Montanez waived his right to appeal the Immigration Judge’s final removal order, and because VasquezMontanez’s application to adjust his status was untimely, we lack jurisdiction to consider this claim.¹ We, therefore, construe Vasquez-Montanez’s petition as challenging the Board of Immigration Appeals’s decision denying his motion to reopen.

Because Vasquez-Montanez filed his motion to reopen his immigration proceedings well outside the statutory² and regulatory³ time limits and because he failed to present “new facts,” the Board of Immigration Appeals did not abuse its discretion in denying Vasquez-Montanez’s motion.

Petition DENIED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . See 8 U.S.C. § 1255a(f). See also Noriega-Sandoval v. INS, 911 F.2d 258, 260 (9th Cir.1990).

2 . 8 U.S.C. § 1229a(c)(6).

3 . 8 C.F.R. § 3.23.