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Rafael BARCENAS, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2013-03-21No. No. 11-73588
513 F. App'x 662

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Opinion

majority opinion

MEMORANDUM

Rafael Barcenas, a native and citizen of Mexico, petitions pro se for review from the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

In his opening brief, Barcenas fails to address, and therefore has waived any challenge to, the BIA’s determination that he is ineligible for adjustment of status, cancellation of removal, asylum, withholding, and relief under the Convention Against Torture. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues that are not specifically raised and argued in a party’s opening brief are waived).

We lack jurisdiction to review Barcenas’ contention that the IJ abused his discretion and violated due process by denying Barcenas’ request for a continuance because he failed to raise that issue before the BIA and thereby failed to exhaust his administrative remedies. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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