Subas Sharma v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
SUBAS SHARMA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 12-71889
Agency No. A078-317-361
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 13, 2015**
Before: LEAVY, CALLAHAN, and M. SMITH, Circuit Judges.
Subas Sharma, a native and citizen of Nepal, petitions for review of the
Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for
FILED
MAY 21 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder,
597 F.3d 983, 986 (9th Cir. 2010). We deny the petition for review.
In denying Sharma’s motion to reopen, the BIA determined the evidence he
presented was inherently not believable and thus there was no adequate basis for
granting the untimely motion. Sharma does not challenge the BIA’s dispositive
finding that his evidence was inherently unbelievable. See Martinez-Serrano v.
INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and
argued in party’s opening brief are waived).
PETITION FOR REVIEW DENIED.
12-71889 2

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