Minerva Aviles-Ocampo v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION AUG 02 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MINERVA LETICIA AVILES- No. 15-70859
OCAMPO,
Agency No. A205-712-814
Petitioner,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Minerva Leticia Aviles-Ocampo, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s order of removal. We have jurisdiction under
*
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).
8 U.S.C. § 1252. We review de novo legal claims, Simeonov v. Ashcroft, 371 F.3d
532, 535 (9th Cir. 2004), and deny the petition for review.
Aviles-Ocampo does not challenge the agency’s dispositive determination
that her petty theft with priors convictions constitute crimes involving moral
turpitude that render her statutorily ineligible for cancellation of removal. See 8
U.S.C. § 1229b(b)(1)(B)-(C); Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir.
2011) (issues not raised in an opening brief are waived).
We reject Aviles-Ocampo’s contention that the BIA engaged in improper
fact-finding in determining she was not eligible for cancellation of removal and
declining to remand to the immigration judge.
In light of our disposition, we do not reach Aviles-Ocampo’s remaining
contention regarding whether her convictions constitute aggravated felonies. See
Simeonov, 371 F.3d at 538.
PETITION FOR REVIEW DENIED.
2 15-70859