NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JOAQUIN LEDESMA-CONCHAS, No. 11-73701
Petitioner, Agency No. A075-879-554
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Joaquin Ledesma-Conchas, 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
*
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).
proceedings conducted in absentia based on ineffective assistance of counsel and
changed country conditions. We dismiss the petition for review.
We lack jurisdiction to consider Ledesma-Conchas’ contentions that he
acted with the due diligence required for equitable tolling of the motion to reopen
filing deadline, and established prima facie eligibility for relief based on changed
country conditions, because Ledesma-Conchas did not raise these contentions in
his brief to the BIA. See 8 U.S.C. § 1252(d)(1); Zara v. Ashcroft, 383 F.3d 927,
930 (9th Cir. 2004) (“A petitioner cannot satisfy the exhaustion requirement by
making a general challenge to the IJ’s decision, but, rather, must specify which
issues form the basis of the appeal.”).
We also lack jurisdiction to review the BIA’s decision not to reopen sua
sponte. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
PETITION FOR REVIEW DISMISSED.
2 11-73701