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Benito ZARAGOZA-TINOCO, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2016-08-23No. No. 15-70905
668 F. App'x 316

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Opinion

majority opinion

MEMORANDUM

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.

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.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).