Ingrid Ramos-Perez v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION NOV 16 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT INGRID URAMA RAMOS-PEREZ, No. 10-72209 Petitioner, Agency No. A070-803-444 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Ingrid Urama Ramos-Perez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen based on ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a 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, Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review. In her opening brief, Ramos-Perez fails to raise, and therefore has waived, any challenge to the BIA’s dispositive determination that she failed to demonstrate the due diligence required to obtain equitable tolling of the filing deadline for her untimely motion to reopen. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in a petitioner’s opening brief are deemed waived). In light of our disposition, we need not reach Ramos-Perez’s contentions concerning her eligibility for asylum and related relief. PETITION FOR REVIEW DENIED. 2 10-72209