
    Nabeel ALSANABANY, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.
    No. 04-75294.
    United States Court of Appeals, Ninth Circuit.
    Submitted April 13, 2006.
    
    Decided April 17, 2006.
    Elias Z. Shamieh, Esq., Law Offices of Shamiyeh & Shamieh, San Francisco, CA, for Petitioner.
    Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Leslie McKay, DOJ—U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
    Before: SILVERMAN, MCKEOWN, and PAEZ, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Nabeel Alsanabany, a native and citizen of Yemen, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

Alsanabany’s opening brief fails to challenge the BIA’s determination that his motion to reopen was untimely filed. Because untimeliness was the sole ground for the BIA’s denial of the motion, Alsanabany has waived any challenge to the BIA’s order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

PETITION FOR REVIEW DENIED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     