Faviola Perez-Robles v. Eric Holder, Jr., No. 09-72529 (9th Cir. 2011)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 13 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FAVIOLA PEREZ-ROBLES, Petitioner, No. 09-72529 Agency No. A071-638-175 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. Faviola Perez-Robles, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge s ( IJ ) decision denying her motion to reopen deportation proceedings conducted in absentia in 1991. We dismiss 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). We lack jurisdiction to review Perez-Robles contention that the IJ should have equitably tolled the time limitation for her motion to reopen, and her contention that the IJ violated due process by failing to consider some of her evidence, because she failed to exhaust these contentions before the agency. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). To the extent Perez-Robles challenges the IJ s decision not to exercise her sua sponte authority to reopen proceedings, we lack jurisdiction to consider this claim. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). PETITION FOR REVIEW DISMISSED. 2 09-72529

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.