Luisito Maglaque v. Eric Holder, Jr. , 543 F. App'x 681 ( 2013 )

FILED
NOT FOR PUBLICATION OCT 23 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUISITO FORMALEJO MAGLAQUE, No. 10-72767
Petitioner, Agency No. A073-419-221
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
Luisito Formalejo Maglaque, a native and citizen of the Philippines,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing his appeal from an immigration judge’s denial of his motion to reopen
*
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).
deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
deny in part and dismiss in part the petition for review.
In his opening brief, Maglaque does not address, and therefore has waived
any challenge to, the BIA’s dispositive determination that he failed to demonstrate
prejudice from former counsel’s alleged ineffective assistance. 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).
We lack jurisdiction to review the BIA’s decision not to exercise its sua
sponte authority to reopen the proceedings. See Mejia-Hernandez v. Holder, 633
F.3d 818, 823-24 (9th Cir. 2011).
Petitioner’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 10-72767