Opinion
No. 14-71256
09-19-2016
ELIDA RAMIREZ-PINEDA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-149-168 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Elida Ramirez-Pineda, a native and citizen of Guatemala, 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. We deny in part and dismiss in part the petition for review.
In her opening brief, Ramirez-Pineda fails to address, and therefore has waived any challenge to, the agency's grounds for denying her motion to reopen. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner waives an issue by failing to raise it in the opening brief).
We lack jurisdiction to consider Ramirez-Pineda's unexhausted contentions regarding due process and eligibility for cancellation of removal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal claims not presented in an alien's administrative proceedings before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.