Alfonso Quiroz-Baca v. Eric H. Holder Jr., No. 08-73018 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 13 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALFONSO QUIROZ-BACA, Petitioner, No. 08-73018 Agency No. A075-732-078 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Alfonso Quiroz-Baca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. 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 Quiroz-Baca fails to address, and therefore has waived any challenge to, the BIA s determination that his motion to reopen was untimely and he failed to demonstrate the due diligence necessary to obtain equitable tolling. See Ghahremani v. Gonzales, 498 F.3d 993, 997-98 (9th Cir. 2007) (issues not raised and argued in a party s opening brief are deemed waived). Because the timeliness issue is dispositive of Quiroz-Baca s motion to reopen, we do not reach his other contentions. PETITION FOR REVIEW DENIED. 2 08-73018

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