WALTER MARTINEZ V. ERIC HOLDER, JR., No. 12-72715 (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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 11 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WALTER SIGFRIDO MARTINEZ, Petitioner, No. 12-72715 Agency No. A070-922-273 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. Walter Sigfrido Martinez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order denying his motion to reopen deportation proceedings. 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, Martinez fails to raise, and therefore has waived, any challenge to the BIA s dispositive determination that his motion to reopen is untimely and number-barred. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in a petitioner s opening brief are deemed waived). In light of this disposition, we need not reach Martinez s remaining contentions. PETITION FOR REVIEW DENIED. 2 12-72715

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