Benito Zaragoza-Tinoco v. Loretta E. Lynch ( 2016 )

FILED
NOT FOR PUBLICATION AUG 23 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BENITO ZARAGOZA-TINOCO, No. 15-70905
Petitioner, Agency No. A206-410-295
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Benito Zaragoza-Tinoco, 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 decision denying his application for cancellation of removal.
We dismiss in part and deny in part the petition for review.
*
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We lack jurisdiction to review the BIA’s determination that Zaragoza-
Tinoco failed to show exceptional and extremely unusual hardship to a qualifying
relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
In his opening brief, Zaragoza-Tinoco fails to address, and therefore has
waived any challenge to, the BIA’s denial of his motion to remand. See Rizk v.
Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening
brief are waived).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 15-70905