Jian Xie v. William Barr

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIAN JUN XIE, No. 17-71933
Petitioner, Agency No. A205-323-455
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 18, 2019**
Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
Jian Jun Xie, a native and citizen of China, petitions pro se for review of the
Board of Immigration Appeals’ (“BIA”) order summarily dismissing his appeal
from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C.
§ 1252. We deny the petition for review.
In his opening brief, Xie fails to raise, and therefore has waived, any
*
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).
challenge to the BIA’s grounds for summarily dismissing his appeal under 8 C.F.R.
§ 1003.1(d)(2)(i)(A) and (E). See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th
Cir. 2011) (issues not raised in an opening brief are waived).
We do not reach Xie’s opening brief contentions because our review is
limited to the BIA’s order. See Hernandez-Cruz v. Holder, 651 F.3d 1094, 1109
(9th Cir. 2011) (review is limited to the actual grounds relied upon by the BIA).
PETITION FOR REVIEW DENIED.
2 17-71933