Barajas-Magana

MEMORANDUM **

Maria Guadalupe Barajas-Magaña, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance of an immigration judge’s (“IJ”) denial of her motion to reopen. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1105a(a). See Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the denial of a motion to reopen for abuse of discretion, de Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We dismiss in part and deny in part the petition for review.

The IJ did not abuse her discretion by denying Barajas-Magana’s motion to reopen because the motion was not timely filed pursuant to 8 C.F.R. § 1003.2 (c)(2). See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000) (holding that the agency does not abuse its discretion unless it acts arbitrarily, irrationally, or contrary to law). Moreover, Barajas-Magana’s motion to reopen was properly denied because she did not establish that the IJ retained jurisdiction of her case following the 1996 order of voluntary departure under safeguards. See Carancho v. INS, 68 F.3d 356, 360-61 (9th Cir.1995) (holding that the BIA may deny a motion to reopen for…