Velazquez Garcia v. Holder , 367 F. App'x 852 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 26 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HECTOR VELAZQUEZ GARCIA, No. 07-70542
Petitioner, Agency No. A079-536-535
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Hector Velazquez Garcia, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) order denying his application for cancellation
*
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).
IH/Research
of removal and denying his motion to remand. Our jurisdiction is governed by 8
U.S.C. § 1252 and we dismiss the petition for review.
We lack jurisdiction to review the IJ’s dispositive determination that
Velazquez Garcia is ineligible for cancellation of removal as an alien who is
inadmissible as a violator of a protective order as described in 8 U.S.C.
§ 1227(a)(2)(E)(ii). Velazquez Garcia failed to exhaust this issue before the BIA,
see Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004), and waived review by
failing to challenge the determination in his opening brief to this court, see
Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996).
We also lack jurisdiction to review the IJ’s discretionary determination that
Velazquez Garcia is ineligible for voluntary departure because he lacks the
requisite good moral character. See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th
Cir. 2005) (indicating that a good moral character determination is only reviewable
where it is based on one of the statutory exclusions found in 8 U.S.C. § 1101(f)),
overruled on other grounds by Sanchez v. Holder, 560 F.3d 1028 (9th Cir. 2009).
Velazquez Garcia’s motion to remand is denied.
PETITION FOR REVIEW DISMISSED.
IH/Research 2 07-70542