Case: 09-60658 Document: 00511088808 Page: 1 Date Filed: 04/22/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 22, 2010
No. 09-60658
Summary Calendar Lyle W. Cayce
Clerk
CARLA MARIANA ORTEGA MARTINEZ,
Petitioner
v.
ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A096 747 217
Before KING, STEWART, and HAYNES, Circuit Judges.
PER CURIAM:*
Carla Mariana Ortega Martinez (Ortega), a native and citizen of Mexico,
has filed a petition for review of the order of the Board of Immigration Appeals
(BIA) dismissing her appeal of the immigration judge’s denial of her motion to
reopen removal proceedings. Ortega argues that the BIA abused its discretion
and violated her due process rights by dismissing her appeal from the
immigration judge’s denial of her motion to reopen because her claim of
*
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
R. 47.5.4.
Case: 09-60658 Document: 00511088808 Page: 2 Date Filed: 04/22/2010
No. 09-60658
ineffective assistance of counsel was meritorious. The Respondent has moved
for summary affirmance.
The immigration judge and the BIA both ruled that Ortega’s motion to
reopen was barred because she had departed the United States before the
motion to reopen was filed. Ortega does not address this issue and, thus, has
abandoned the only issue properly before this court. See Soadjede v. Ashcroft,
324 F.3d 830, 833 (5th Cir. 2003).
PETITION FOR REVIEW DENIED; MOTION FOR SUMMARY
AFFIRMANCE GRANTED.
2