Elsa Orellana-Somoza v. Loretta E. Lynch

Good Law
667 F. App'x 224
United States Court of Appeals for the Ninth CircuitJune 22, 201614-73213California356 words

Opinion

Opinion

MEMORANDUM

Elsa Orellana-Somoza, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen. 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 deny in part and dismiss in part the petition for review.

Orellana-Somoza does not raise, and therefore has waived, any challenge to the BIA’s dispositive determination that her motion to reopen was untimely. See Rizk v. Holder, 629 F.3d 1083 , 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). Orellana-Somoza’s contention that the BIA failed to adequately explain its decision is not supported by the record. See Najmabadi, 597 F.3d at 990 (9th Cir. 2010) (what is required is that the BIA adequately considered evidence and sufficiently announced its decision).

To the extent Orellana-Somoza challenges the BIA’s decision not to invoke its sua sponte authority to reopen, we lack jurisdiction over that contention. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).

We lack jurisdiction to…

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