LUISITO MAGLAQUE V. ERIC HOLDER, JR., No. 10-72767 (9th Cir. 2013)

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FILED OCT 23 2013 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUISITO FORMALEJO MAGLAQUE, Petitioner, No. 10-72767 Agency No. A073-419-221 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 15, 2013** Before: FISHER, GOULD, and BYBEE, Circuit Judges. Luisito Formalejo Maglaque, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s denial of his motion to reopen * 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). deportation proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. In his opening brief, Maglaque does not address, and therefore has waived any challenge to, the BIA s dispositive determination that he failed to demonstrate prejudice from former counsel s alleged ineffective assistance. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir. 2011) (a petitioner waives an issue by failing to raise it in the opening brief). We lack jurisdiction to review the BIA s decision not to exercise its sua sponte authority to reopen the proceedings. See Mejia-Hernandez v. Holder, 633 F.3d 818, 823-24 (9th Cir. 2011). Petitioner s remaining contentions are unavailing. PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 10-72767

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