Marcos Rojas-Urizar v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION DEC 02 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARCOS ROJAS-URIZAR, No. 12-71601 Petitioner, Agency No. A095-772-364 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals November 19, 2013** Before: CANBY, TROTT, and THOMAS, Circuit Judges. Marcos Rojas-Urizar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review mixed questions of law and fact de novo and factual determinations * 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). underlying this inquiry are reviewed for clear error. United States v. Diaz-Juarez, 299 F.3d 1138, 1140 (9th Cir. 2002). We deny the petition for review. The agency did not clearly err in finding that the officer did not stop Rojas- Urizar solely because of his race and that legitimate, non-racial factors motivated the officer’s stop. See United States v. Manzo-Jurado, 457 F.3d 928, 936 (9th Cir. 2006); Diaz-Juarez, 299 F.3d at 1142; cf. Gonzalez-Rivera v. INS, 22 F.3d 1441 (9th Cir. 1994). PETITION FOR REVIEW DENIED. 2 12-71601