TALUKDER v. MUKASEY, 310 Fed.Appx. 79 (9th Cir. 2009)
Mohammed TALUKDER, Petitioner, v. Michael B. MUKASEY, Attorney General,Respondent.
No. 04-74902.United States Court of Appeals, Ninth Circuit.Page 80Submitted January 13, 2009.[fn*]
Filed January 20, 2009.
[fn*] The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
David Robert Blake, Solana Beach, CA, for Petitioner.
CAC-District Counsel Office of the District Counsel Department of Homeland Security Los Angeles, CA, Ronald E. Lefevre Office of the District Counsel Department of Homeland Security San Francisco, CA, Michael R. Mueller Office of the U.S. Attorney Detroit, MI, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A072-512-773.
Before: O'SCANNLAIN, BYBEE, and CALLAHAN, Circuit Judges.
MEMORANDUM[fn**]
[fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Mohammed 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.
We 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).
Talukder 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).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.