Rene DOMINGUEZ-CIENFUEGOS; Samia Elizabeth Dominguez-Ramirez, Petitioners, v. Eric H. HOLDER Jr., Attorney General, Respondent, 367 F. App'x 868

MEMORANDUM Rene Dominguez-Cienfuegos and Samia Elizabeth Dominguez-Ramirez, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. Petitioners do not raise any arguments concerning the BIA’s dispositive determination that petitioners were not prima fa-cie eligible for relief because they failed to depart within the voluntary departure period.

See 8 U.S.C. § 1229c(d) (failure to depart voluntarily within the time period specified results in a ten-year bar to certain forms of relief, including cancellation of removal); De Martinez v. Ashcroft, 374 F.3d 759, 762-64 (9th Cir.2004). Petitioners therefore have waived any challenge to the BIA’s decision. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

To the extent petitioners challenge the BIA’s February 5, 2007, order dismissing their underlying appeal, we lack jurisdiction because this 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). PETITION FOR REVIEW DENIED in part; DISMISSED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.