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NOT FOR PUBLICATION JUL 24 2012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