NERISSA HANICK V. ERIC HOLDER, JR., No. 12-72630 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 11 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT NERISSA PADILLA HANICK, Petitioner, No. 12-72630 Agency No. A096-817-509 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Nerissa Padilla Hanick, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals ( BIA ) order denying her motion to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We * 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). review for abuse of discretion the denial of a motion to reopen. Avagyan v. Holder, 646 F.3d 672, 674 (9th Cir. 2011), and we deny the petition for review. The BIA did not abuse its discretion in denying Hanick s motion to reopen where she failed to demonstrate her additional evidence was previously unavailable. See 8 C.F.R. § 1003.2(c)(1); Bhasin v. Gonzales, 423 F.3d 977, 984 (9th Cir. 2005). In her opening brief, Hanick fails to raise, and therefore has waived, any challenge to the BIA s denial of her motion to reconsider as untimely. See LopezVasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner waives an issue by failing to raise it in the opening brief). Hanick s remaining contentions are unavailing. PETITION FOR REVIEW DENIED. 2 12-72630
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