Maria Luisa Zavalza 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NOT FOR PUBLICATION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
MARIA LUISA ZAVALZA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70338
Agency No. A073-863-085
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Maria Luisa Zavalza, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her motion to reopen removal proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo claims of due
FILED
JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70338 2
process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000). We deny
the petition for review.
In her opening brief, Zavalza fails to address, and therefore has waived any
challenge to, the BIA’s dispositive determination that she failed to demonstrate the
evidence she submitted with the motion to reopen could not have been discovered
or presented at her former hearing. 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); see also 8 C.F.R. § 1003.23(b)(3). We therefore do not
reach Zavalza’s contentions regarding entry into the United States pursuant to
advance parole.
We reject as unpersuasive Zavalza’s contention, raised for the first time in
her opening brief, that she was prejudiced by the administrative record as filed by
Respondent.
PETITION FOR REVIEW DENIED.

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