Carla Ortega Martinez v. Eric Holder, Jr., No. 09-60658 (5th Cir. 2010)

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Case: 09-60658 Document: 00511088808 Page: 1 Date Filed: 04/22/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-60658 Summary Calendar April 22, 2010 Lyle W. Cayce Clerk CARLA MARIANA ORTEGA MARTINEZ, Petitioner v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL, Respondent Petition for Review of an Order of the Board of Immigration Appeals BIA No. A096 747 217 Before KING, STEWART, and HAYNES, Circuit Judges. PER CURIAM:* Carla Mariana Ortega Martinez (Ortega), a native and citizen of Mexico, has filed a petition for review of the order of the Board of Immigration Appeals (BIA) dismissing her appeal of the immigration judge s denial of her motion to reopen removal proceedings. Ortega argues that the BIA abused its discretion and violated her due process rights by dismissing her appeal from the immigration judge s denial of her motion to reopen because her claim of * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 09-60658 Document: 00511088808 Page: 2 No. 09-60658 Date Filed: 04/22/2010 ineffective assistance of counsel was meritorious. The Respondent has moved for summary affirmance. The immigration judge and the BIA both ruled that Ortega s motion to reopen was barred because she had departed the United States before the motion to reopen was filed. Ortega does not address this issue and, thus, has abandoned the only issue properly before this court. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003). PETITION FOR REVIEW DENIED; MOTION AFFIRMANCE GRANTED. 2 FOR SUMMARY

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