FILED
NOT FOR PUBLICATION SEP 19 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELIDA RAMIREZ-PINEDA, No. 14-71256
Petitioner, Agency No. A200-149-168
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Elida Ramirez-Pineda, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s order denying her motion to reopen removal proceedings
conducted in absentia. We deny in part and dismiss in part the petition for review.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
In her opening brief, Ramirez-Pineda fails to address, and therefore has
waived any challenge to, the agency’s grounds for denying her motion to reopen.
See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner
waives an issue by failing to raise it in the opening brief).
We lack jurisdiction to consider Ramirez-Pineda’s unexhausted contentions
regarding due process and eligibility for cancellation of removal. See Tijani v.
Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to
consider legal claims not presented in an alien’s administrative proceedings before
the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 14-71256