FILED
NOT FOR PUBLICATION DEC 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
SUNG ILL KIM; JUNG SUK KIM, a.k.a. No. 11-71554
Jung Suk Chun; YOUNG WOO KIM,
Agency Nos. A075-624-413
Petitioners, A075-624-414
A075-624-415
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Sung Ill Kim and family, natives and citizens of South Korea, petition for
review of the Board of Immigration Appeals’ (“BIA”) order denying their motion
to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse
*
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).
of discretion the denial of a motion to reopen, and review de novo questions of
law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in
part and dismiss in part the petition for review.
In their opening brief, petitioners fail to address, and therefore have waived
any challenge to, the BIA’s dispositive determination that their motion to reopen is
time- and number-barred and that they do not qualify for equitable tolling of the
time and numerical limitations. See Martinez-Serrano v. INS, 94 F.3d 1256,
1259-60 (9th Cir. 1996) (issues that are not specifically raised and argued in a
party’s opening brief are waived).
We lack jurisdiction to review the BIA’s decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Mejia-
Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
Petitioners’ remaining contentions are rejected.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 11-71554