Briseno Godinez v. Holder, 375 F. App'x 720 (9th Cir. 2010). · Go Syfert
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Victor Manuel Briseno GODINEZ, Petitioner,
v.
Eric H. HOLDER Jr., Attorney General, Respondent
07-74520.
Court of Appeals for the Ninth Circuit.
Apr 13, 2010.
Unpublished opinion
375 F. App'x 720
Gregory John Olive, Esquire, Gregory J. Olive, Esq., Los Angeles, CA, for Petitioner., Katharine Clark, Esquire, Russell John Verby, U.S. Department of Justice, Washington, DC, Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.
Rymer, McKeown, Paez.
Unpublished

MEMORANDUM **

Victor Manuel Briseno Godinez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. Iturnbama v. INS, 321 F.3d 889, 894 (9th Cir.2003). We deny the petition for review.

[*721] The BIA did not abuse its discretion when it denied Briseno Godinez’s motion to reopen because he failed to voluntarily depart during his voluntary departure period, and is therefore ineligible for cancellation of removal. See 8 U.S.C. § 1229c(d)(l); cf. Matter of Zmijewska, 24 I. & N. Dec. 87, 94 (BIA 2007).

We need not address Briseno Godinez’s remaining contentions, as they are foreclosed by his ineligibility for relief.

PETITION FOR REVIEW DENIED.

**

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