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HENDARSIN JAHJA; Thio Pie Tjiauw, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2013-05-22No. No. 12-70439
520 F. App'x 538

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Opinion

majority opinion

MEMORANDUM

Hendarsin Jahja and Thio Pie Tjiauw, natives and citizens of Indonesia, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reconsider. 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 order denying their motion to reconsider. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.2013). Moreover, the BIA did not abuse its discretion in denying petitioners’ motion to reconsider where the motion failed to identify any error of fact or law in the BIA’s prior decision dismissing petitioners’ appeal. See 8 C.F.R. § 1003.2(b)(1); Socop-Gonzalez v. INS, 272 F.3d 1176, 1180 n. 2 (9th Cir.2001) (en banc).

We lack jurisdiction to review any challenge to the BIA’s prior order dismissing petitioners’ appeal because the 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.

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