Cesar Peralta Escalante v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CESAR PERALTA ESCALANTE,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 13-71926
Agency No. A089-814-157
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.
Cesar Peralta Escalante, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision granting voluntary departure. We dismiss the
petition for review.
* 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
OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 13-71926
We lack jurisdiction to consider Peralta Escalante’s contentions regarding
the agency’s denial of cancellation of removal as addressed in the BIA’s August 9,
2011, order, where this petition for review is not timely as to that order. See 8
U.S.C. § 1252(b)(1) (“The petition for review must be filed not 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).
PETITION FOR REVIEW DISMISSED.

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