Dian Cai Lin v. Holder

MEMORANDUM ** Dian Cai Lin, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration *745 judge’s order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, He v. Gonzales, 501 F.3d 1128, 1180-31 (9th Cir.2007), and we deny the petition for review. The agency denied Lin’s motion to reopen as untimely, and also denied it as a matter of discretion based upon Lin’s failure to appear at his asylum merits hearing in 2000 and his subsequent failure to apprise the government of his address until he filed a motion to reopen in 2006. In his opening brief, Lin failed to challenge the agency’s discretionary denial of his motion to reopen, which is dispositive. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (stating that issues not supported by argument are deemed abandoned); see also Sequeira-Solano v. INS, 104 F.3d 278, 279 (9th Cir.1997) (“The BIA considered all of the relevant circumstances in [petitioner’s] case and decided that a favorable exercise of its discretion in this case was not warranted.”). Lin’s contention that he is entitled to file a successive asylum application is foreclosed by this court’s decision in Chen v. Mukasey, 524 F.3d 1028, 1032 (9th Cir.2008) (an alien may file a successive asylum application only in connection with a successful motion to reopen, subject to the time and number limitations). PETITION FOR REVIEW DENIED. Footnotes [**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.