Martha Ituarte-Olivas v. Eric H. Holder Jr.

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NOT FOR PUBLICATION MAR 07 2011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