Lagunas Garcia, et al v. Holder, No. 05-73895 (9th Cir. 2010)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS SEP 23 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EUSEBIO LAGUNAS GARCIA; ELIAZAR GONZALEZ ALONZO, No. 05-73895 Agency Nos. A096-057-918 A096-057-919 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Eusebio Lagunas Garcia and Eliazar Gonzalez Alonzo, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen removal * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. In their opening brief, petitioners fail to address, and therefore have waived any challenge to, the BIA s June 3, 2005, decision denying their motion to reopen. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party s opening brief are waived). We lack jurisdiction to review the BIA s underlying order dismissing petitioners direct appeal from the immigration judge s decision because this petition for review is not timely as to that order. See Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 05-73895

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