Elba Ruby Alvarez Olmos v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELBA RUBY ALVAREZ OLMOS,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-71724
Agency No. A088-216-353
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Elba Ruby Alvarez Olmos, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying her second
motion to reconsider. Our jurisdiction is governed by 8 U.S.C. § 1252. We review
for abuse of discretion the agency’s denial of a motion to reconsider. Cano-Merida
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
FEB 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-71724
v. INS, 311 F.3d 960, 964 (9th Cir. 2002). We deny in part and dismiss in part the
petition for review.
Alvarez Olmos has waived any challenge to the BIA’s determination that 8
C.F.R. § 1003.2(b)(2) bars her from seeking reconsideration of the BIA’s order
denying her previous motion to reconsider. See Rizk v. Holder, 629 F.3d 1083,
1091 n. 3 (9th Cir. 2011) (issues not raised in an opening brief are waived).
To the extent Alvarez Olmos seeks review of the BIA’s March 9, 2015,
order dismissing her appeal from an immigration judge’s decision denying her
application for cancellation of removal, we lack jurisdiction to consider those
contentions because this petition for review is not timely as to that order. See 8
U.S.C. § 1252(b)(1); Membreno v. Gonzales, 425 F.3d 1227, 1229 (9th Cir. 2005)
(the filing of a subsequent motion to reconsider does not affect the finality or
reviewability of a previous order of removal).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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