Enji Li v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION JUL 20 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ENJI LI, No. 09-71954
Petitioner, Agency No. A088-125-406
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Enji Li, a native and citizen of China, petitions for review of the Board of
Immigration Appeals’ order dismissing her appeal from an immigration judge’s
order denying her motion to reopen removal proceedings conducted in absentia.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of
*
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).
discretion the denial of a motion to reopen, Sembiring v. Gonzales, 499 F.3d 981,
985 (9th Cir. 2007), and we deny in part and dismiss in part the petition for review.
The agency was within its discretion in denying Li’s motion to reopen on the
ground that she failed to rebut the presumption of effective service by regular mail.
See 8 U.S.C. § 1229a(b)(5)(C)(ii); cf. Sembiring, 499 F.3d at 988-89 (describing
evidence sufficient to overcome presumption of effective service). In evaluating
this petition for review, we do not consider facts asserted for the first time in Li’s
opening brief. See Sembiring, 499 F.3d at 988.
Li failed to exhaust her contention concerning service of retained counsel.
See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (this court lacks
jurisdiction to review contentions not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-71954