FILED
NOT FOR PUBLICATION DEC 2 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA ISABEL HERNANDEZ No. 10-72987
ANGELES,
Agency No. A096-051-352
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
Maria Isabel Hernandez Angeles, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s (“IJ”) decision denying her motion to reopen
*
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). Hernandez Angeles’ request
for oral argument is denied.
removal proceedings conducted in absentia, and denying her request to remand.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
agency’s denial of a motion to reopen or remand. Mohammed v. Gonzales, 400
F.3d 785, 791 (9th Cir. 2005). We deny the petition for review.
Because Hernandez Angeles has not challenged the agency’s conclusion that
her motion to reopen was untimely filed, she has waived this issue. See Rizk v.
Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in opening brief
are waived).
The BIA did not abuse its discretion in denying Hernandez Angeles’ request
to remand, where she is statutorily ineligible for the relief she sought. See 8 U.S.C.
§ 1229a(b)(7).
In light of this disposition, we decline to reach Hernandez Angeles’
remaining contentions.
PETITION FOR REVIEW DENIED.
2 10-72987