Jorge Sierra-Mondragon v. Eric Holder, Jr.

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 02 2010 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS JORGE ALBERTO SIERRA- No. 09-72598 MONDRAGON, a.k.a. Jorge Sierra, a.k.a. Jorge Sierra Mondragon, Agency No. A092-655-421 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2010 ** Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges. Jorge Alberto Sierra-Mondragon, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir. 2003), and we deny the petition for review. Sierra-Mondragon failed to raise in his opening brief, and has therefore waived, any challenge to the agency’s determination that his 2008 conviction was an aggravated felony. Husyev v. Mukasey, 528 F.3d 1172, 1183 (9th Cir. 2008). The agency’s aggravated felony determination renders Sierra-Mondragon ineligible for section 212(c) relief. 8 C.F.R. § 1212.3(f)(4). PETITION FOR REVIEW DENIED. 2 09-72598