Sandra Najera-Mejia v. Loretta Lynch

Filing

UNPUBLISHED OPINION FILED. [16-60704 Affirmed in Part and Dismissed in Part for Lack of Jurisdiction] Judge: TMR , Judge: ECP , Judge: JEG Mandate issue date is 01/09/2018 [16-60704]

Case: 16-60704

Document: 00514241666

Page: 1

Date Filed: 11/17/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

No. 16-60704
Summary Calendar

FILED
November 17, 2017
Lyle W. Cayce
Clerk

SANDRA LIBAI NAJERA-MEJIA, also known as Cheyla Turcios,
Petitioner
v.
JEFFERSON B. SESSIONS, III, U. S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. AO97 745 595
Before REAVLEY, PRADO, and GRAVES, Circuit Judges.
PER CURIAM: *
Sandra Libai Najera-Mejia, a native and citizen of Honduras, petitions
this court for review of the dismissal by the Board of Immigration Appeals
(BIA) of her appeal of an Immigration Judge’s denial of a motion to reopen
proceedings in which she was ordered removed in absentia. Najera-Mejia
argues that the BIA failed to consider the exceptional circumstances that
warranted reopening of the proceeding.

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 16-60704

Document: 00514241666

Page: 2

Date Filed: 11/17/2017

No. 16-60704
Due to her failure to brief any challenge to the BIA’s determination that
her third motion to reopen was numerically barred from consideration
pursuant to 8 C.F.R. § 1003.23(b)(4)(ii), Najera-Mejia has abandoned any such
challenge. See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (citing
Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.
1987). Additionally, this court lacks jurisdiction to consider Najera-Mejia’s
challenge to the BIA’s wholly discretionary determination that her case did not
present exceptional circumstances warranting sua sponte reconsideration. See
Enriquez-Alvarado v. Ashcroft, 371 F.3d 246, 248-50 (5th Cir. 2004).
Accordingly, Najera-Mejia’s petition for review is DISMISSED, in part,
for lack of jurisdiction and DENIED, in part.

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