Elmer Leiva-De Leon v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION JUL 24 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ELMER ALEXANDER LEIVA-DE No. 11-70282 LEON, Agency No. A095-120-777 Petitioner, v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 17, 2012 ** Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges. Elmer Alexander Leiva-De Leon, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to * 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). reopen removal proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Leiva-De Leon’s sole contention, regarding the practicability of personal service, because it was not exhausted before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004). Leiva-De Leon has waived any challenge to the BIA’s determinations regarding delivery of his hearing notice and changed country conditions. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 11-70282