Rojas Jimenez v. Garland ( 2023 )

FILED
NOT FOR PUBLICATION
MAY 12 2023
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEJANDRO ROJAS JIMENEZ, No. 21-1284
Petitioner, Agency No. A216-434-326
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 10, 2023**
San Francisco, California
Before: S.R. THOMAS, CHRISTEN, and BRESS, Circuit Judges.
Alejandro Rojas Jimenez, a native and citizen of Mexico, petitions for
review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal
from an Immigration Judge (“IJ”)’s decision that declined to terminate removal
proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252. Where, as here,
*
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).
the BIA issues its own opinion, this Court reviews “only the BIA’s decision,
except to the extent that it expressly adopts the IJ’s opinion.” Flores-Lopez v.
Holder, 685 F.3d 857, 861 (9th Cir. 2012). Because the parties are familiar with
the factual and procedural history of the case, we need not recount it here. We
deny the petition for review.
The BIA’s sole basis for dismissing Rojas Jimenez’s appeal was that he
conceded removability through his counsel. Rojas Jimenez does not contest this in
his petition for review or contend that the BIA was incorrect in its holding.
Accordingly, he has waived any argument challenging the BIA’s decision. See
Escobar Santos v. Garland, 4 F.4th 762, 764 n.1 (9th Cir. 2021) (arguments not
raised in petitioner’s opening brief are waived).
PETITION DENIED.
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