MEDINA HERRERA v. BARR (2020)

MEMORANDUM **

Julio Enrique Medina-Herrera, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen deportation proceedings conducted in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. 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 his opening brief, Medina-Herrera fails to raise, and has therefore waived, any challenge to the BIA’s dispositive determination that he received proper notice and that his motion to reopen was therefore untimely. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (petitioner waives a contention by failing to raise it in the opening brief).

Medina-Herrera failed to exhaust his contention that the agency need not reopen, but only re-calendar, his proceedings. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010).

We lack jurisdiction to review the agency’s denial of sua sponte reopening. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.