Grigor Grigoryan, and LIANA UZUNYAN v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
GRIGOR GRIGORYAN, and LIANA
UZUNYAN,
Petitioners,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 13-71044
Agency Nos. A097-871-710
A077-997-564
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Grigor Grigoryan and Liana Uzunyan, natives and citizens of Armenia,
petition for review of the Board of Immigration Appeals’ (“BIA”) decision
summarily dismissing their appeal of an immigration judge’s decision granting
voluntary departure. Our jurisdiction is governed by 8 U.S.C. 1252. We dismiss
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 16 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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in part and deny in part the petition for review.
We lack jurisdiction to consider petitioners’ challenges to the BIA’s 2010
order denying their claims for asylum, withholding of removal, and relief under the
Convention Against Torture, because this petition for review is not timely as to
that order. See 8 U.S.C. § 1252(b)(1) (petition for review must be filed no later
than 30 days after the date of the final order of removal); Pinto v. Holder, 648 F.3d
976, 986 (9th Cir. 2011) (a BIA order denying relief from removal, but remanding
for voluntary departure proceedings, is a final order of removal); Rizo v. Lynch,
810 F.3d 688, 691 (9th Cir. 2016) (clarifying that Abdisalan v. Holder, 774 F.3d
517 (9th Cir. 2014), does not disrupt the Pinto line of cases).
In their opening brief, petitioners do not challenge the BIA’s 2013 order
summarily dismissing their appeal. See Corro-Barragan v. Holder, 718 F.3d 1174,
1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in
waiver).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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