NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAY 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MANUEL CARRILLO, No. 12-73681
Petitioner, Agency No. A041-111-699
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Manuel Carrillo, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his motion to reopen removal proceedings
conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the denial of a motion to reopen. Mohammed v.
Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part
the petition for review.
In his opening brief, Carrillo fails to raise, and therefore has waived, any
challenge to the BIA’s determination that notice of his October 3, 2005, hearing
was proper. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).
The BIA did not abuse its discretion by denying Carrillo’s motion to reopen
as untimely where Carrillo filed his motion more than five years after his in
absentia removal order was issued. See 8 U.S.C. § 1229a(b)(5)(C)(i) (an alien has
180 days to file a motion to reopen to rescind the in absentia order if the alien can
show that he failed to appear for the hearing due to exceptional circumstances).
We lack jurisdiction to consider Carrillo’s contention regarding equitable
tolling of the motion to reopen filing deadline because he failed to exhaust this
contention before the BIA. See Tijani, 628 F.3d at 1080.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 12-73681