Edgar Sanchez Escobedo, et al v. Eric H. Holder Jr., No. 08-73673 (9th Cir. 2010)

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FILED AUG 30 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EDGAR SANCHEZ ESCOBEDO; MARTHA SANCHEZ, No. 08-73673 Agency Nos. A075-753-388 A075-753-269 Petitioners, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 10, 2010 ** Before: O SCANNLAIN, HAWKINS, and IKUTA, Circuit Judges. Edgar Sanchez Escobedo and Martha Sanchez, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals ( BIA ) order denying their motion to reopen removal proceedings. Our jurisdiction is * 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). 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 denial of 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 March 24, 2008, order dismissing petitioners direct appeal because this petition for review is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 08-73673

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