NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JULIO ENRIQUE MEDINA-HERRERA, No. 18-71649 Petitioner, Agency No. A072-991-704 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges. 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). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 18-71649 18-71649 Court of Appeals for the Ninth Circuit ca9 9th Cir. Julio Medina-Herrera v. William Barr 10 March 2020 Agency Unpublished 596b65373d59df0ca533c9af76529f816c4b3a54
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