NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT APR 18 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
AMILCAR BARQUERO TIJERINO, No. 14-73263
Petitioner, Agency No. A014-557-416
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 13, 2016**
Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges.
Amilcar Barquero Tijerino, a native and citizen of Nicaragua, petitions pro
se for review of the Board of Immigration Appeals (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) order of removal. Our jurisdiction is
governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
*
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).
continuance, and review de novo constitutional claims. Sandoval-Luna v.
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We dismiss in part and deny in
part the petition for review.
We lack jurisdiction to consider Barquero Tijerino’s contention that his
underlying criminal convictions were unconstitutional because this claim functions
as an impermissible collateral attack upon his conviction. See Ramirez-
Villalpando v. Holder, 645 F.3d 1035, 1041 (9th Cir. 2011) (holding that petitioner
could not collaterally attack his state court conviction on a petition for review of a
BIA decision).
In his opening brief, Barquero Tijerino does not raise, and therefore has
waived, any challenge to the agency’s determination that his conviction under
California Health & Safety Code § 11351.5 is an aggravated felony drug
trafficking offense that renders him removable under 8 U.S.C. § 1227(a)(2)(A)(iii),
or the agency’s denial of asylum, withholding of removal, protection under the
Convention Against Torture, and cancellation of removal. See Tijani v. Holder,
628 F.3d 1071, 1080 (9th Cir. 2010) (a petitioner waives an issue by failing to raise
it in the opening brief).
The agency did not abuse its discretion in denying for failure to show good
cause Barquero Tijerino’s request for a continuance to seek post-conviction relief,
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where he had been granted several continuances, his convictions were final for
immigration purposes, and post-conviction relief remained speculative at the time
of the hearing. See 8 C.F.R. § 1003.29; Singh v. Holder, 638 F.3d 1264, 1274 (9th
Cir. 2011) (“[T]he IJ [is] not required to grant a continuance based on . . .
speculations.”).
Barquero Tijerino’s numerous due process claims fail for lack of prejudice.
See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (requiring prejudice to
prevail on a due process challenge).
We deny Barquero Tijerino’s request for judicial notice of the extra-record
information regarding his proceedings in district court. See 8 U.S.C.
§ 1252(b)(4)(A) (judicial review is limited to the administrative record); Dent v.
Holder, 627 F.3d 365, 371 (9th Cir. 2010) (stating standard for review of
out-of-record evidence).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
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