Elvia Alvarez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 20 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ELVIA ALVAREZ, No. 16-70471 Petitioner, Agency No. A070-635-364 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 13, 2018** Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges. Elvia Alvarez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. * 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). Alvarez does not raise, and has therefore waived, any challenge to the BIA’s denial of her motion to reopen as time- and number-barred. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived). We lack jurisdiction to review the BIA’s decision not to reopen proceedings sua sponte, and Alvarez does not raise a colorable claim of legal or constitutional error to invoke our jurisdiction. See Bonilla v. Lynch, 840 F.3d 575, 588 (9th Cir. 2016) (court can review BIA decisions denying sua sponte reopening only for the limited purpose of reviewing the reasoning behind the decision for legal or constitutional error). We also lack jurisdiction to review Alvarez’s unexhausted contention that her deportation order should be rescinded so she can be granted voluntary departure or be repapered. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 16-70471 16-70471 Court of Appeals for the Ninth Circuit ca9 9th Cir. Elvia Alvarez v. Jefferson Sessions 20 March 2018 Agency Unpublished df1f7920e5b5b6fb4d79d02830ecc0a9977c1e6a

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