Welmer Ramirez-Ramirez v. Eric Holder, Jr.

MEMORANDUM

Welmer de Jesus Ramirez-Ramirez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We dismiss in part and deny in part the petition for review.

Our review is limited to the administrative record, and thus we do not consider materials attached to petitioner’s opening brief that were not part of the record before the agency. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir.1996) (en banc).

We lack jurisdiction to consider Ramirez-Ramirez’s unexhausted contentions in his opening brief regarding the potential merits of his asylum claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (court lacks jurisdiction to consider issues that have not been administratively exhausted) .-

Finally, the BIA did not abuse its discretion by denying Ramirez-Ramirez’s timely motion to reopen based on his new application for asylum or based on…