U.S. Court of Appeals for the Ninth Circuit, 2019

Walter Mancia Guerrero v. William Barr

Walter Mancia Guerrero v. William Barr
U.S. Court of Appeals for the Ninth Circuit · Decided March 19, 2019

Walter Mancia Guerrero v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WALTER ORLANDO MANCIA No. 17-73489 GUERRERO, Agency No. A095-731-757 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 12, 2019** Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

Walter Orlando Mancia Guerrero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to

* 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). reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Mancia Guerrero’s contention that the BIA erred in denying his motion to reopen under its sua sponte authority. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

In his opening brief, Mancia Guerrero does not challenge the BIA’s determinations that he failed to establish changed country conditions in El Salvador to qualify for an exception to the time limitations for motions to reopen or that he failed to make a prima facie showing of eligibility for relief. 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).

We reject Mancia Guerrero’s contention that the BIA violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

2 17-73489

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