Adams v. Gonzales

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 25, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
No. 05-60874
Summary Calendar
MOSES APPOH ADAMS,
Petitioner,
versus
ALBERTO R. GONZALES,
U.S. ATTORNEY GENERAL,
Respondent.
Petition for Review of an Order of the
Board of Immigration Appeals
(A78 551 607)
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Moses Appoh Adams, a citizen of Ghana, challenges the Board of
Immigration Appeals’ (BIA) denial of his motion to reopen. The
Government contends Adams’ petition for review is timely only as to
the denial of his motion to reconsider, while his brief challenges
only the denial of his motion to reopen. We agree.
Because Adams’ petition for review was not filed within 30
days of the denial of the motion to reopen, it is dismissed as to

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that denial. See 8 U.S.C. § 1252(b)(1); Karimian-Kaklaki v. INS,
997 F.2d 108, 111 (5th Cir. 1993). Adams’ petition is timely as to
the BIA’s denial of his motion to reconsider. Adams has waived
review of that denial, however, by failing to challenge it in his
brief. See Rodriguez v. INS, 9 F.3d 408, 414 n.15 (5th Cir. 1993);
Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir. 1986).
Therefore, his petition is denied as to the BIA’s denial of his
motion to reconsider.
PETITION DISMISSED IN PART AND DENIED IN PART

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