San Agustin v. Holder

668 F.3d 672, 441 F. App'x 449, 2012 WL 360761

Opinion

MEMORANDUM **

Dario Ico San Agustín and Lucila Cala-lang San Agustín, natives and citizens of the Philippines, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. Gonzales, 491 F.3d 1090, 1095 (9th Cir.2007), and we deny the petition for review.

In their opening brief, petitioners fail to address, and therefore have waived any challenge to, the BIA’s dispositive determination that they failed to demonstrate due diligence warranting equitable tolling of their untimely motion to reopen. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

In light of this disposition, we need not reach petitioners’ 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.