Engilberto Venegas-Magallon v. Eric Holder, Jr. ( 2012 )

FILED
NOT FOR PUBLICATION DEC 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ENGILBERTO VENEGAS- No. 11-72682
MAGALLON,
Agency No. A088-737-577
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Engilberto Venegas-Magallon, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s order denying his application for cancellation of
*
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).
removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and
deny in part the petition for review.
We lack jurisdiction to review the BIA’s discretionary good moral character
determination. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Lopez-Castellanos v.
Gonzales, 437 F.3d 848, 854 (9th Cir. 2006) (no jurisdiction to review agency’s
discretionary good moral character determinations).
Venegas-Magallon fails to raise any argument in the opening brief with
respect to his motion to remand. See Martinez-Serrano v. INS, 94 F.3d 1256,
1259-60 (9th Cir. 1996) (issues not supported by argument in the opening brief are
deemed abandoned).
In light of our disposition, we do not reach Venegas-Magallon’s remaining
contentions.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 11-72682