LOPEZ BAENA v. WILKINSON (2021)

United States Court of Appeals, Ninth Circuit.

Armando LOPEZ BAENA; Rosa Maria Ramirez, Petitioners, v. Robert M. WILKINSON, Acting Attorney General, Respondent.

No. 15-70452

Decided: February 19, 2021

Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges.

Leah Luisa Tuisavalalo, Attorney, Pasifika Immigration Law Group, LLP, Fresno, CA, for Petitioners Jeffrey Ronald Meyer, Esquire, Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Armando Lopez Baena and Rosa Maria Ramirez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and deny the petition for review.

Petitioners do not raise, and have therefore waived, any challenge to the BIA's determination that they did not establish changed country conditions in Mexico and the BIA's decision not to reopen proceedings sua sponte. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079–80 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are waived).

The BIA did not abuse its discretion in denying Petitioners’ motion to reopen as untimely, where they failed to qualify for any exception to the filing deadline. See 8 C.F.R. § 1003.2(c)(2)–(3).

As stated in the court's May 8, 2015 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.

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