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No. 8630585
United States Court of Appeals for the Ninth Circuit
Velasquez v. Gonzales
No. 8630585 · Decided April 24, 2007
No. 8630585·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
April 24, 2007
Citation
No. 8630585
Disposition
See opinion text.
Full Opinion
*527 MEMORANDUM ** Ana M. Velasquez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the decision not to reopen Velasquez’s deportation proceedings. We dismiss in part and deny in part the petition for review. We lack jurisdiction to consider Velasquez’s challenges to the IJ’s denial of the motion to reopen because she did not appeal that decision to the BIA and thereby failed to exhaust her administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency). In her opening brief, Velasquez fails to address, and therefore has waived any challenge to, the BIA’s determination that the IJ properly denied Velasquez’s motion to reconsider, which is the only decision properly before this court. See Martinez-Serrano v. INS, 94 F.3d 1256,1259-60 (9th Cir.1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived). PETITION FOR REVIEW DISMISSED in part; DENIED in part. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
Velasquez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the decision not to reopen
Key Points
01Velasquez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the decision not to reopen
02We dismiss in part and deny in part the petition for review.
03We lack jurisdiction to consider Velasquez’s challenges to the IJ’s denial of the motion to reopen because she did not appeal that decision to the BIA and thereby failed to exhaust her administrative remedies.
04Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (explaining that this court lacks jurisdiction to review contentions not raised before the agency).
Frequently Asked Questions
Velasquez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the decision not to reopen
FlawCheck shows no negative treatment for Velasquez v. Gonzales in the current circuit citation data.
This case was decided on April 24, 2007.
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