NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
TEODORO DELGADO SUAREZ, No. 16-70606
Petitioner, Agency No. A099-579-581
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 11, 2018**
Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.
Teodoro Delgado Suarez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from
immigration judge’s (“IJ”) decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
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).
Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo constitutional
challenges and 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.
Delgado Suarez has not raised, and therefore has waived, any challenge to
the agency’s determination that he was convicted of a particularly serious crime
and therefore is ineligible for asylum and withholding of removal. See Corro-
Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest
issue in opening brief resulted in waiver). He also waived any challenge to the
agency’s determination that he is ineligible for CAT relief, as well as its
determination that he has not shown any due process violation. Id.
To the extent Delgado Suarez challenges the agency’s September 6, 2007,
removal order, we lack jurisdiction to consider that contention, because this
petition is not timely as to that order. See 8 U.S.C. § 1252(b)(1); Singh v. INS, 315
F.3d 1186, 1188 (9th Cir. 2003). We also lack jurisdiction to consider Delgado
Suarez’s requests for employment authorization and naturalization. See 8 U.S.C. §
1252(b)(4)(A); Andia v. Ashcroft, 359 F.3d 1181, 1184 (9th Cir. 2004) (“In
reviewing the decision of the BIA, we consider only the grounds relied upon by
that agency.”)
2 16-70606
We previously granted Delgado Suarez’s request for a stay of removal
pending review of this petition (Docket Entry No. 9). Delgado Suarez’s request for
a fourth extension to submit his reply brief is denied as moot.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
3 16-70606