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Julio JUVENAL-VALERIO, a.k.a. Rodrigo Gonzalez Urtado, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2010-02-25No. No. 07-73674
367 F. App'x 816

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Opinion

majority opinion

MEMORANDUM

Julio Juvenal-Valerio, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir.2003), and we deny the petition for review.

The BIA did not abuse its discretion in denying Petitioner’s motion to reopen because Petitioner’s failure to file the motion to reopen before the expiration of his voluntary departure period rendered him statutorily ineligible for the relief he sought. See 8 U.S.C. § 1229c(d); De Martinez v. Ashcroft, 374 F.3d 759, 763 (9th Cir.2004).

PETITION FOR REVIEW DENIED.

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