Carlos Valenzuela-Morales v. Eric H. Holder Jr. , 424 F. App'x 714 ( 2011 )

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
CARLOS MANUEL VALENZUELA- No. 08-71866
MORALES,
Agency No. A040-443-512
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Carlos Manuel Valenzuela-Morales, a native and citizen of Guatemala,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
*
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).
dismissing his appeal from an immigration judge’s (“IJ”) removal order. We have
jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
In his opening brief, Valenzuela-Morales fails to address, and therefore has
waived any challenge to, the BIA’s dispositive alternative holding that Valenzuela-
Morales did not warrant a favorable exercise of discretion. See Kumar v.
Gonzales, 444 F.3d 1043, 1055 (9th Cir. 2006) (“[W]e will not ordinarily consider
matters on appeal that are not specifically and distinctly argued in appellant’s
opening brief.”) (citation omitted).
Accordingly, we deny the petition for review. In light of our disposition, we
do not reach Valenzuela-Morales’s remaining contentions.
PETITION FOR REVIEW DENIED.
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