Salome Maldonado-Rodas v. Loretta E. Lynch

MEMORANDUM

Salome Dominga Maldonado-Rodas, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reopen in absentia removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 , We review for abuse of discretion the denial of a motion to reopen and review de novo constitutional claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petition for review.

In her opening brief, Maldonado-Rodas fails to raise, and therefore has waived, any challenge to the agency’s determination that she received proper notice of the hearing at which she was ordered removed in absentia. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.2013) (a petitioner waives a contention by failing to raise it in the opening brief).

The agency did not abuse its discretion in denying Maldonado-Rodas’ motion to reopen, where notice was proper and she did not establish that her failure to appear was due to exceptional circumstances. See 8 U.S.C. § 1229a(b)(5)(C).

Maldonado-Rodas’ contention that the IJ in her original removal proceedings…