Sum v Holder

MEMORANDUM

Dacia Argentina Ayala Sum, 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 rescind a deportation order entered in absentia and reopen her deportation proceedings to apply for adjustment of status. Our jurisdiction is governed by 8 U.S.C. § 1252 . Reviewing for abuse of discretion, Singh v. INS, 295 F.3d 1037, 1039 (9th Cir.2002), we dismiss in part and grant in part the petition for review and remand for further proceedings.

As we determined in our previous Order of November 18, 2010, we lack jurisdiction to consider Ayala Sum’s challenges to the IJ’s determinations that she failed to demonstrate that she did not receive proper notice of the hearing and that she warranted equitable tolling of the 180-day filing deadline because Ayala Sum failed to exhaust them before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004); see also Abebe v. Mulcasey, 554 F.3d 1203 , 1207-08 (9th Cir.2009) (en bane) (per cu-riam) (petitioner will be deemed to have exhausted only those issues raised and argued in her brief before the…