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310 F. App'x 79

Talukder v. Mukasey

U.S. Courts of Appeals

Decided January 20, 2009

U.S. Courts of Appeals · decided 2009-01-20

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Martinez-Serrano v. Immigration & Naturalization Service · Singh v. Immigration & Naturalization Service

Decided 2009-01-20

¶1MEMORANDUM

¶2Mohammed Talukder, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings due to ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

¶3We lack jurisdiction to review the BIA’s May 20, 2004 order dismissing Talukder’s appeal from an immigration judge’s decision denying Talukder’s applications for asylum, withholding of removal, and relief under the Convention Against Torture, 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).

¶4Talukder does not contend that the BIA erred in its September 14, 2004 order denying his motion to reopen, and thus has waived any challenge to the only decision properly before this court. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

¶5PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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

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