Selvin Raul Acuna-Chinchilla v. ERIC H. HOLDER, Jr., Attorney General

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SELVIN RAUL ACUNA-CHINCHILLA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-72744
Agency No. A074-428-563
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Selvin Raul Acuna-Chinchilla, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s decision denying his motion to reopen deportation
proceedings held in absentia. Our jurisdiction is governed by 8 U.S.C. § 1252.
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-72744 2
We review for abuse of discretion the denial of a motion to reopen. Najmabadi v.
Holder, 597 F.3d 983, 986 (9th Cir. 2010). We deny in part and dismiss in part the
petition for review.
The agency did not abuse its discretion in denying Acuna-Chinchilla’s
motion where Acuna-Chinchilla failed to provide evidence of materially changed
conditions or circumstances in Guatemala for purposes of seeking asylum. See 8
C.F.R. § 1003.23(b)(4)(i).
We lack jurisdiction to review Acuna-Chinchilla’s contention regarding the
lack of oral notice of his hearing in Spanish because he failed to raise that
contention before the agency, and thereby failed to exhaust his administrative
remedies. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (no
jurisdiction to review contentions not raised before the agency).
Acuna-Chinchilla’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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