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367 F. App'x 782

Dilag v. Holder

U.S. Courts of Appeals

Decided February 23, 2010

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U.S. Courts of Appeals · decided 2010-02-23

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

Relies on Altamirano v. Gonzales

Decided 2010-02-23

¶1 MEMORANDUM

¶2 Manolito Dilag, native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision deeming his cancellation of removal application waived: We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law. Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005). We deny the petition for review.

¶3 The agency properly determined that Dilag waived his application for cancellation of removal where he failed to file it within the time limit set by the IJ. See 8 C.F.R. § 1003.31(c) (authorizing the IJ to set filing deadlines and to deem waived any application not filed by the deadline).

¶4 Dilag’s remaining contentions are unavailing.

¶5 PETITION FOR REVIEW DENIED.

¶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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