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07-72729•Maria Segura Sequera v. ERIC H. HOLDER Jr., Attorney General
07-72729Court of Appeals for the Ninth CircuitJan 20, 2010
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JT/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARIA SEGURA SEQUERA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-72729
Agency No. A095-306-393
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Maria Segura Sequera, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
We dismiss the petition for review.
FILED
JAN 20 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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JT/Research 07-72729 2
Segura Sequera has waived any challenge to the BIA’s determination that
her motion was untimely filed more than 90 days after the BIA’s June 15, 2004,
order by not raising it in her opening brief. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259-60 (9th Cir. 1996).
We lack jurisdiction to review the BIA’s decision not to invoke its sua
sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See Toufighi v.
Mukasey, 538 F.3d 988, 993 n.8 (9th Cir. 2008).
PETITION FOR REVIEW DISMISSED.
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