U.S. Court of Appeals for the Ninth Circuit, 2012

Karina Santos-Robles v. Eric Holder, Jr.

Karina Santos-Robles v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 9, 2012 · Schroeder, Hawkins, Gould
474 F. App'x 567

Karina Santos-Robles v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Karina Liseth Santos-Robles, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) decision denying her motion to reopen removal pro *568 ceedings conducted in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Perez v. Mukasey, 516 F.3d 770, 773 (9th Cir. 2008), and review de novo questions of law, Ramos Barrios v. Holder, 581 F.3d 849, 854 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.

The IJ did not abuse his discretion in denying as untimely Santos-Robles’ motion to reopen. Santos-Robles filed the motion more than two years after the order of removal, see 8 C.F.R. § 1003.23(b)(4)(ii) (motion to reopen in absentia proceedings generally must be filed within 180 days of the removal order), and she failed to establish changed country conditions that warranted reopening, see 8 C.F.R. § 1003.23(b)(4)(i).

We lack jurisdiction to review Santos-Robles’ unexhausted contention that she did not receive proper notice of the hearing. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction to review contentions not raised before the BIA).

Santos-Robles’ contention that the BIA’s streamlined order did not provide adequate reasons for its decision lacks merit. See Landin-Molina v. Holder, 580 F.3d 913, 917 n. 6 (9th Cir. 2009) (when the BIA affirms under its streamlining procedures, we review the IJ’s decision as the final agency decision).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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