FILED
NOT FOR PUBLICATION APR 13 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FAVIOLA PEREZ-ROBLES, No. 09-72529
Petitioner, Agency No. A071-638-175
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
Faviola Perez-Robles, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s (“IJ”) decision denying her motion to reopen deportation proceedings
conducted in absentia in 1991. We dismiss 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).
We lack jurisdiction to review Perez-Robles’ contention that the IJ should
have equitably tolled the time limitation for her motion to reopen, and her
contention that the IJ violated due process by failing to consider some of her
evidence, because she failed to exhaust these contentions before the agency. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
To the extent Perez-Robles challenges the IJ’s decision not to exercise her
sua sponte authority to reopen proceedings, we lack jurisdiction to consider this
claim. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DISMISSED.
2 09-72529