Hafezi-Hahghani v. Gonzales , 223 F. App'x 678 ( 2007 )

MEMORANDUM ^**

Behrooz Hafezi-Hahghani, a native and citizen of Iran, petitions for review of: (1) the Board of Immigration Appeals’ (“BIA”) order granting the government’s motion to reconsider, and vacating its prior decision granting Hafezi-Hahghani’s motion to reopen to apply for adjustment of status; and (2) the BIA’s order dismissing Hafezi-Hahghani’s appeal from the Immigration Judge’s order denying his application for asylum and withholding of removal. Pursuant to the REAL ID Act of 2005, we construe Hafezi-Hahghani’s transferred habeas petition as a petition for review, and we have jurisdiction under 8 U.S.C. § 1252. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 928-29 (9th Cir. 2005) (construing REAL ID Act of 2005 to give court of appeals jurisdiction over habeas petitions pending at time of enactment). We deny the petition for review.

Hafezi-Hahghani’s contentions are foreclosed by this court’s prior decisions in Hafezi-Haghani v. INS, No. 94-70095, 1996 WL 359959 (9th Cir. June 26, 1996) (dismissing petition for review of asylum claim because petition filed one day late) and Hafezi-Hahghani v. Ashcroft, 89 Fed.Appx. 645 (9th Cir.2004) (denying petition for review of BIA order denying motion to reopen as untimely).

PETITION FOR REVIEW DENIED.

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