Helen De Leon Angel v. Loretta E. Lynch ( 2015 )

FILED
NOT FOR PUBLICATION JUL 28 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HELEN PATRICIA DE LEON ANGEL, No. 09-73380
Petitioner, Agency No. A074-819-998
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 21, 2015**
Before: CANBY, BEA, and MURGUIA, Circuit Judges.
Helen Patricia De Leon Angel, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order denying her
motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen.
*
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).
Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005) (en banc). We deny
in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying De Leon Angel’s timely
motion to reopen removal proceedings. See id. at 1229-30.
We lack jurisdiction to consider the new contentions that De Leon Angel
raises for the first time in her opening brief. See Barron v. Ashcroft, 358 F.3d 674,
678 (9th Cir. 2004) (no jurisdiction over issues or claims not presented in
administrative proceedings below).
We reject De Leon Angel’s request for inclusion in the court’s mediation
program.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-73380