Ingrid Ramos-Perez v. Eric Holder, Jr. , 498 F. App'x 680 ( 2012 )

FILED
NOT FOR PUBLICATION NOV 16 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
INGRID URAMA RAMOS-PEREZ, No. 10-72209
Petitioner, Agency No. A070-803-444
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Ingrid Urama Ramos-Perez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to
reopen based on ineffective assistance of counsel. We have jurisdiction under
8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to
*
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).
reopen, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the
petition for review.
In her opening brief, Ramos-Perez fails to raise, and therefore has waived,
any challenge to the BIA’s dispositive determination that she failed to demonstrate
the due diligence required to obtain equitable tolling of the filing deadline for her
untimely motion to reopen. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir.
2011) (issues not raised in a petitioner’s opening brief are deemed waived).
In light of our disposition, we need not reach Ramos-Perez’s contentions
concerning her eligibility for asylum and related relief.
PETITION FOR REVIEW DENIED.
2 10-72209