Victor Horta Garcia v. Eric Holder, Jr. , 425 F. App'x 574 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR HUGO HORTA GARCIA, No. 09-71017
Petitioner, Agency No. A070-962-853
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Victor Hugo Horta Garcia, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to
reopen removal proceedings based on ineffective assistance of counsel. We have
jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review.
*
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).
In his opening brief, Horta Garcia fails to address, and therefore has waived
any challenge to, the BIA’s dispositive determination that he failed to establish due
diligence to warrant equitable tolling of the filing deadline for his untimely motion
to reopen. 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).
Horta Garcia’s remaining contentions are unpersuasive.
PETITION FOR REVIEW DENIED.
2 09-71017