Helen De Leon Angel v. Loretta E. Lynch

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 28, 2015
• Docket: 09-73380
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION JUL 28 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HELEN PATRICIA DE LEON ANGEL, No. 09-73380

Petitioner, Agency No. A074-819-998

v. MEMORANDUM* LORETTA E. LYNCH, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 21, 2015**

Before: CANBY, BEA, and MURGUIA, Circuit Judges.

Helen Patricia De Leon Angel, a native and citizen of Guatemala, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying her

motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.

§ 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005) (en banc). We deny

in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying De Leon Angel’s timely

motion to reopen removal proceedings. See id. at 1229-30.

We lack jurisdiction to consider the new contentions that De Leon Angel

raises for the first time in her opening brief. See Barron v. Ashcroft, 358 F.3d 674,

678 (9th Cir. 2004) (no jurisdiction over issues or claims not presented in

administrative proceedings below).

We reject De Leon Angel’s request for inclusion in the court’s mediation

program.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

2 09-73380