FILED
NOT FOR PUBLICATION OCT 15 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BERNARDINA SANCHEZ DE No. 11-70715
GUTIERREZ,
Agency No. A077-290-248
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 9, 2012 **
Before: RAWLINSON, MURGUIA, and WATFORD, Circuit Judges.
Bernardina Sanchez de Gutierrez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s removal order. We have jurisdiction under 8
*
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).
U.S.C. § 1252. We review de novo questions of law, Mohammed v. Gonzales, 400
F.3d 785, 791-92 (9th Cir. 2005), and we deny the petition for review.
In her opening brief, Sanchez de Gutierrez fails to address, and therefore has
waived any challenge to, the BIA’s determination that record evidence other than
her own statements to border agents supported her removability for alien
smuggling. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996)
(holding issues that are not specifically raised and argued in a party’s opening brief
are waived).
We therefore need not address Sanchez de Gutierrez’s contentions
concerning the admissibility of her statements.
PETITION FOR REVIEW DENIED.
2 11-70715