Rosa Abarca Delgado v. WILLIAM P. BARR, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROSA ABARCA DELGADO,
Petitioner,
v.
WILLIAM P. BARR, Attorney General,
Respondent.
No. 15-72823
Agency No. A075-664-313
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2019**
Before: McKEOWN, BYBEE, and OWENS, Circuit Judges.
Rosa Abarca Delgado, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion
the denial of a motion to reopen. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-72823
Cir. 2005). We deny in part and dismiss in part the petition for review.
The BIA did not abuse its discretion in denying the motion as untimely,
where the motion was filed more than eleven years after the order of removal
became final, and Abarca Delgado has not established that her motion falls within
any exceptions to the filing deadline. See 8 C.F.R. § 1003.2(c)(3)(i)-(iv).
We lack jurisdiction to consider Abarca Delgado’s unexhausted contention
that the BIA should have granted reopened sua sponte. See Tijani v. Holder, 628
F.3d 1071, 1080 (9th Cir. 2010) (the court lacks jurisdiction to consider legal
claims not presented in an alien’s proceedings before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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