FILED
NOT FOR PUBLICATION AUG 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN CARLOS BRIBIESCA-ALCALA, No. 10-70366
Petitioner, Agency No. A070-743-774
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Juan Carlos Bribiesca-Alcala, a native and citizen of Mexico, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion to reconsider. Mohammed v.
*
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).
Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in
part the petition for review.
In his opening brief, Bribiesca-Alcala fails to address, and thereby waives
any challenge to, the BIA’s denial of his motion to reconsider for failure to identify
any error of law or fact in its prior decision denying his motion to reopen. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (holding issues
which are not specifically raised and argued in a party’s opening brief are waived).
We lack jurisdiction to review Petitioner’s contention that the filing deadline
for his motion should have been equitably tolled on account of the actions or
inactions of the Department of Homeland Security because Bribiesca-Alcala failed
to raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.
2004) (generally requiring exhaustion of claims before the agency).
In light of our disposition, we need not reach Bribiesca-Alcala’s remaining
contentions.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-70366