Case: 12-60970 Document: 00512532359 Page: 1 Date Filed: 02/13/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 12-60970 February 13, 2014
Summary Calendar
Lyle W. Cayce
Clerk
FLORA LOPEZ,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A077 751 853
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Flora Lopez petitions this court for review of an order of the Board of
Immigration Appeals (BIA) upholding the decision of an immigration judge
(IJ) to deny her motion to reopen her immigration proceedings. Lopez, who is
proceeding pro se, argues that that the IJ and BIA failed to consider whether
she was eligible for discretionary relief based on two memorandums issued by
the Director of Immigration and Customs Enforcement regarding the exercise
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 12-60970 Document: 00512532359 Page: 2 Date Filed: 02/13/2014
No. 12-60970
of prosecutorial discretion. However, when she was before the IJ and the BIA,
Lopez did not raise this issue. Accordingly, she failed to exhaust it, and we
lack jurisdiction to address it. See Omari v. Holder, 562 F.3d 314, 318-19 (5th
Cir. 2009). Lopez does not challenge the BIA’s reasons for denying relief,
namely, that she failed to meet her burden to show that she did not receive
notice of the immigration hearing and failed to establish that she acted
diligently with regard to her immigration proceedings. Consequently, she has
abandoned any challenge to the BIA’s ruling. See Calderon-Ontiveros v. INS,
809 F.2d 1050, 1052 (5th Cir. 1986).
The petition for review is DISMISSED.
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