Danersy Cardenas-Euceda v. Matthew Whitaker ( 2019 )

Case: 18-60194 Document: 00514786478 Page: 1 Date Filed: 01/08/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-60194 FILED
Summary Calendar January 8, 2019
Lyle W. Cayce
Clerk
DANERSY MIREYA CARDENAS-EUCEDA,
Petitioner
v.
MATTHEW G. WHITAKER, ACTING U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A098 589 425
Before JOLLY, COSTA, and HO, Circuit Judges.
PER CURIAM: *
Danersy Mireya Cardenas-Euceda, a native and citizen of Honduras,
petitions for review of the decision of the Board of Immigration Appeals (BIA)
denying her motion to reopen her 2004 in absentia removal proceedings. The
BIA found that the motion was untimely and that Cardenas-Euceda had failed
to present sufficient evidence of changed country conditions in Honduras to
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 18-60194 Document: 00514786478 Page: 2 Date Filed: 01/08/2019
No. 18-60194
exempt her from the 90-day limitation period for moving to reopen removal
proceedings. See 8 U.S.C. § 1229a(c)(7)(C)(i)-(ii).
As the respondent correctly notes, Cardenas-Euceda fails to brief the
district court’s timeless finding or its related finding that she did not present
sufficient evidence of changed country conditions. By abandoning those issues,
she has waived her challenge to the BIA’s denial of her motion to reopen. See
Falek v. Gonzales, 475 F.3d 285, 291 n.5 (5th Cir. 2007); Soadjede v. Ashcroft,
324 F.3d 830, 833 (5th Cir. 2003) (per curiam). Consequently, Cardenas-
Euceda cannot show that the BIA abused its discretion. See Barrios-Cantarero
v. Holder, 772 F.3d 1019, 1021 (5th Cir. 2014).
The petition for review is DENIED.
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