Opinion
No. 10-71816 Agency No. A072-290-371
03-11-2014
JUSTINO S. VALLE-GARCIA, Petitioner, v. ERIC H. HOLDER, JR., Attorney General, Respondent.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2014
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Pasadena, California
Before: FERNANDEZ, GRABER, and MURGUIA, Circuit Judges.
Petitioner Justino Valle-Garcia petitioned for review of a Board of Immigration Appeals (BIA) final order of removal on the ground that the BIA erred in concluding that Petitioner was ineligible for cancellation of removal. The BIA's final order was issued on March 18, 2008, when it denied Petitioner relief from deportation but remanded to the immigration judge for voluntary departure proceedings. See Pinto v. Holder, 648 F.3d 976, 982 (9th Cir. 2011). Petitioner sought review in this court on June 9, 2010, more than two years later. Because 8 U.S.C. § 1252(b)(1) limits our review to petitions filed within thirty days of the date of the final order of removal, we lack jurisdiction to consider the petition. See Yepremyan v. Holder, 614 F.3d 1042, 1043 (9th Cir. 2010) (per curiam) (noting that the time limit under 8 U.S.C. § 1252(b)(1) is jurisdictional).
In light of our disposition, the Government's motion to dismiss for lack of jurisdiction is DISMISSED as moot.
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PETITION FOR REVIEW DISMISSED.