Juan Riscajche-Gonzalez v. Loretta E. Lynch

FILED NOT FOR PUBLICATION OCT 04 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JUAN RISCAJCHE-GONZALEZ, No. 15-70548 Petitioner, Agency No. A205-877-966 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 27, 2016** Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges. Juan Riscajche-Gonzalez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition for review. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). In his opening brief, Riscajche-Gonzalez does not raise, and therefore has waived, any challenge to the BIA’s dispositive determination that it lacked jurisdiction to consider his motion to reopen. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner waives a contention by failing to raise it in the opening brief). In light of this disposition, we do not reach Riscajche-Gonzalez’ contentions regarding eligibility for relief. PETITION FOR REVIEW DENIED. 2 15-70548