Suazo-Salvador

Suazo-Salvador v. Gonzales

Good Law
224 F. App'x 692
United States Court of Appeals for the Ninth CircuitMarch 16, 2007No. 04-75312California271 words

Opinion

Lead Opinion

MEMORANDUM **

Marlen Ivon Suazo-Salvador, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an immigration judge’s order denying her motion to reopen deportation proceedings to permit her to apply for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to reopen. Arrieta v. INS, 117 F.3d 429, 430 (9th Cir.1997) (per curiam). We dismiss in part and deny in part the petition for review.

Suazo-Salvador contends that the BIA abused its discretion by not exercising its sua sponte power to reopen. We lack jurisdiction to consider this contention. See Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002).

Suazo-Salvador contends that the agency did not properly serve the March 1, *693 1994, order to show cause on her. We lack jurisdiction to consider this contention because she did not raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004).

Suazo-Salvador contends that she did not receive the subsequent notice of hearing. The record indicates, however, that the government sent the notice by certified…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.