Elga Lucrecia Sacba 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NOT FOR PUBLICATION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
ELGA LUCRECIA SACBA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70427
Agency No. A070-785-726
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 14, 2013**
Before: SCHROEDER, GRABER, and PAEZ, Circuit Judges.
Elga Lucrecia Sacba, 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 denial of a motion to reopen. Avagyan v. Holder, 646
FILED
AUG 16 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-70427 2
F.3d 672, 674 (9th Cir. 2011). We deny in part and dismiss in part the petition for
review.
In her opening brief, Sacba fails to raise, and therefore has waived, any
challenge to the BIA’s determination that her motion to reopen was untimely and
number-barred. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir. 2011)
(issues not raised in a petitioner’s opening brief are deemed waived).
The BIA did not abuse its discretion in denying Sacba’s motion to reopen
based on changed country conditions where Sacba failed to supply any evidence of
a material change in circumstances in Guatemala. See 8 C.F.R. § 1003.2(c)(3)(ii).
To the extent Sacba challenges the BIA’s decision not to exercise its sua
sponte authority to reopen proceedings, we lack jurisdiction to review that
decision. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011).
In light of this disposition, we do not reach Sacba’s contentions regarding
her eligibility for asylum.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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