Orozco-Arroyo v. Holder

FILED NOT FOR PUBLICATION JUL 09 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CLAUDIA S. OROZCO-ARROYO, No. 06-73570 Petitioner, Agency No. A098-174-340 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Claudia S. Orozco-Arroyo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal * 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). from an immigration judge’s decision denying her request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny the petition for review. In her opening brief, Orozco-Arroyo fails to challenge the BIA’s dispositive conclusion that it lacked jurisdiction because she had waived her right to appeal pursuant to 8 C.F.R. § 1240.26(b)(1)(i)(D) in order to obtain a 120-day grant of voluntary departure. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not supported by argument in a party’s opening brief are deemed waived). PETITION FOR REVIEW DENIED. 2 06-73570