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Elvia ALVAREZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-07-24No. No. 09-71242
474 F. App'x 710

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Opinion

majority opinion

MEMORANDUM

Elvia Alvarez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decisions denying her motions to reopen and to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

In her opening brief, Alvarez fails to address, and therefore has waived, any challenge to the BIA’s dispositive determination that she failed to demonstrate due diligence warranting equitable tolling of the time and numerical limitations for motions. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir.2011) (a petitioner waives an issue by failing to raise it in the opening brief).

In light of our disposition, we need not reach Alvarez’s remaining contentions.

PETITION FOR REVIEW DENIED.

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