Elvia Alvarez 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NOT FOR PUBLICATION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
ELVIA ALVAREZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 09-71242
Agency No. A070-635-364
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012**
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Elvia Alvarez, a native and citizen of Guatemala, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decisions denying her motions to reopen and to reconsider.
We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
FILED
JUL 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-71242 2
In her opening brief, Alvarez fails to address, and therefore has waived, any
challenge to the BIA’s dispositive determination that she failed to demonstrate due
diligence warranting equitable tolling of the time and numerical limitations for
motions. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (a petitioner
waives an issue by failing to raise it in the opening brief).
In light of our disposition, we need not reach Alvarez’s remaining
contentions.
PETITION FOR REVIEW DENIED.

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