Tecontero Hernandez v. Holder ( 2010 )

FILED
NOT FOR PUBLICATION JUN 03 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FERNANDO TECONTERO No. 07-71569
HERNANDEZ,
Agency No. A077-288-959
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Fernando Tecontero Hernandez, 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 removal order. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review de novo questions of law. Montero-Martinez v. Ashcroft, 277
F.3d 1137, 1145 (9th Cir. 2002). We deny the petition for review.
The BIA correctly determined that Tecontero Hernandez was statutorily
ineligible for adjustment of status because there was no immigrant visa
immediately available to him. See 8 U.S.C. § 1255(i)(2).
In his opening brief, Tecontero Hernandez fails to address, and therefore has
waived any challenge to, the BIA’s determination that he is ineligible for
cancellation of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are
waived).
Tecontero Hernandez’s remaining contentions are not persuasive.
PETITION FOR REVIEW DENIED.
2 07-71569