Nerissa Hanick v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Nerissa Hanick v. Eric Holder, Jr., 549 F. App'x 672 (9th Cir. 2013)

Nerissa Hanick v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Nerissa Padilla Hanick, a native and citizen of the Philippines, 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 review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review.

The BIA did not abuse its discretion in denying Hanick’s motion to reopen where she failed to demonstrate her additional evidence was previously unavailable. See 8 C.F.R. § 1003.2(c)(1); Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005).

In her opening brief, Hanick fails to raise, and therefore has waived, any challenge to the BIA’s denial of her motion to reconsider as untimely. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner waives an issue by failing to raise it in the opening brief).

Hanick’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Nerissa Padilla HANICK, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished