U.S. Court of Appeals for the Ninth Circuit, 2011

Martha Ituarte-Olivas v. Eric H. Holder Jr.

U.S. Court of Appeals for the Ninth Circuit · Decided March 7, 2011 · Canby, Fernandez, Smith

418 F. App'x 677

Counsel

Ian Silverberg, Esquire, Hardy Law Group, Reno, NV, for Petitioner., Drew Brinkman, Ernesto Horacio Molina, Jr., Esquire, Senior Litigation Counsel, OIL, DOJ-U.S. Department of Justice, Washington, DC, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, NVL-District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Las Vegas, NV, for Respondent.

Opinion

MEMORANDUM **

Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

In her opening brief, Ituarte-Olivas fails to address, and therefore has waived any challenge to, the BIA’s determination that it lacked jurisdiction to consider the motion to reopen where jurisdiction lay with the immigration judge. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived).

In light of this disposition, we do not reach Ituarte-Olivas’ remaining contentions.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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