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NOT FOR PUBLICATION MAR 07 2011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
SAMIR HANNA, No. 09-73676
Petitioner, Agency No. A078-031-602
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.
Samir Hanna, a native and citizen of Egypt, petitions for review of the Board
of Immigration Appeals’ (“BIA”) order denying his 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 his opening brief, Hanna fails to address, and therefore has waived any
challenge to, the BIA’s dispositive determination that he failed to establish due
diligence to warrant equitable tolling of the filing deadline for his untimely motion
to reopen. 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 Hanna’s remaining contentions.
PETITION FOR REVIEW DENIED.
2 09-73676