Elmer Alexander Leiva-De Leon 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NOT FOR PUBLICATION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
ELMER ALEXANDER LEIVA-DE
LEON,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 11-70282
Agency No. A095-120-777
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.
Elmer Alexander Leiva-De Leon, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s decision denying his motion to
FILED
JUL 24 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-70282 2
reopen removal proceedings conducted in absentia. Our jurisdiction is governed
by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.
We lack jurisdiction to consider Leiva-De Leon’s sole contention, regarding
the practicability of personal service, because it was not exhausted before the
agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
Leiva-De Leon has waived any challenge to the BIA’s determinations
regarding delivery of his hearing notice and changed country conditions. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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