U.S. Court of Appeals for the Ninth Circuit, 2010

Ortiz-Rosales v. Holder

Ortiz-Rosales v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 26, 2010 · Schroeder, Pregerson, Rawlinson
372 F. App'x 726

Ortiz-Rosales v. Holder

Opinion

MEMORANDUM **

*727 Isidro Ortiz-Rosales, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his request for voluntary departure. 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 agency’s discretionary denial of voluntary departure. See 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(I). Ortiz-Rosales’ due process claim regarding the denial of voluntary departure is not colorable. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 980 (9th Cir. 2005).

In his opening brief, Ortiz-Rosales fails to address, and therefore has waived any challenge to, the agency’s denial of his application 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).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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