Zavalza v. Holder , 381 F. App'x 669 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARIA LUISA ZAVALZA, No. 08-70338
Petitioner, Agency No. A073-863-085
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Maria Luisa Zavalza, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her motion to reopen removal proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny
the petition for review.
In her opening brief, Zavalza fails to address, and therefore has waived any
challenge to, the BIA’s dispositive determination that she failed to demonstrate the
evidence she submitted with the motion to reopen could not have been discovered
or presented at her former hearing. 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); see also 8 C.F.R. § 1003.23(b)(3). We therefore do not
reach Zavalza’s contentions regarding entry into the United States pursuant to
advance parole.
We reject as unpersuasive Zavalza’s contention, raised for the first time in
her opening brief, that she was prejudiced by the administrative record as filed by
Respondent.
PETITION FOR REVIEW DENIED.
2 08-70338