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Faviola PEREZ-ROBLES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2011-04-05No. No. 09-72529
427 F. App'x 558

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Opinion

majority opinion

MEMORANDUM

Faviola Perez-Robles, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her motion to reopen deportation proceedings conducted in absentia in 1991. We dismiss the petition for review.

We lack jurisdiction to review Perez-Robles’ contention that the IJ should have equitably tolled the time limitation for her motion to reopen, and her contention that the IJ violated due process by failing to consider some of her evidence, because she failed to exhaust these contentions before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004).

To the extent Perez-Robles challenges the IJ’s decision not to exercise her sua sponte authority to reopen proceedings, we lack jurisdiction to consider this claim. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir.2011).

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.