Luis Humberto Rodriguez, a.k.a. Humberto Rodriguez v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS HUMBERTO RODRIGUEZ, a.k.a.
Humberto Rodriguez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73474
Agency No. A097-708-506
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 10, 2012**
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Luis Humberto Rodriguez, a native and citizen of Mexico, petitions 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
FILED
SEP 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73474 2
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.
In his opening brief, Rodriguez fails to address, and therefore has waived
any challenge to, the BIA’s dispositive determination that the motion to reopen
was untimely. 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).
Because the BIA’s untimeliness determinations is dispositive, we do not
reach Rodriguez’s remaining contentions.
PETITION FOR REVIEW DENIED.

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