NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 20 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELVIA ALVAREZ, No. 16-70471
Petitioner, Agency No. A070-635-364
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 13, 2018**
Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
Elvia Alvarez, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen
deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. 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).
Alvarez does not raise, and has therefore waived, any challenge to the BIA’s
denial of her motion to reopen as time- and number-barred. See Lopez-Vasquez v.
Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and
argued in an opening brief are waived).
We lack jurisdiction to review the BIA’s decision not to reopen proceedings
sua sponte, and Alvarez does not raise a colorable claim of legal or constitutional
error to invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir.
2016) (court can review BIA decisions denying sua sponte reopening only for the
limited purpose of reviewing the reasoning behind the decision for legal or
constitutional error).
We also lack jurisdiction to review Alvarez’s unexhausted contention that
her deportation order should be rescinded so she can be granted voluntary
departure or be repapered. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.
2010) (“We lack jurisdiction to review legal claims not presented in an alien’s
administrative proceedings before the BIA.”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 16-70471