FILED
NOT FOR PUBLICATION MAR 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARTHA ITUARTE-OLIVAS, No. 08-74144
Petitioner, Agency No. A079-805-448
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Martha Ituarte-Olivas, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We deny the
petition for review.
*
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).
In her opening brief, Ituarte-Olivas fails to address, and therefore has waived
any challenge to, the BIA’s determination that it lacked jurisdiction to consider the
motion to reopen where jurisdiction lay with the immigration judge. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
specifically raised and argued in a party’s opening brief are waived).
In light of this disposition, we do not reach Ituarte-Olivas’ remaining
contentions.
PETITION FOR REVIEW DENIED.
2 08-74144