Candida Sanchez-De Cabeza v. Eric Holder, Jr.

MEMORANDUM

Candida Cecilia Sanchez-De Cabeza (“Sanchez”) petitions for review of the Board of Immigration Appeals’ (BIA) December 13, 2011, denial of her motion to reopen, and of its November 17, 2008, rejection of her notice of appeal to it. We dismiss her petition in the latter for lack of jurisdiction, and deny her petition in the former on the merits.

(1) We do not have jurisdiction over the BIA’s notice of rejection of her first filing with it. That notice of appeal to the BIA was incomplete, and the BIA told Sanchez what was needed to effectively remedy the problem. The document in question was not a final order of removal. But our jurisdiction is limited to final orders of removal. See 8 U.S.C. § 1252 (a)(1); Shaboyan v. Holder, 652 F.3d 988, 989-90 (9th Cir.2011) (per curiam); Lolong v. Gonzales, 484 F.3d 1173, 1176 (9th Cir.2007) (en banc). Indeed, it was not until May 11, 2009, that the BIA actually dismissed her appeal for lack of jurisdiction; she then petitioned for review of that action and we denied her petition on the basis that the BIA had “properly dismissed the appeal as untimely.” Therefore, we dismiss Appeal Number 12-72805 for lack of jurisdiction.

(2) The…