Jaime Saldana-Gutierrez v. Eric Holder, Jr. , 550 F. App'x 406 ( 2013 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 18 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
JAIME SALDANA-GUTIERREZ, a.k.a. No. 12-71569
Jaime Gutierres Saldana, a.k.a. Jaime
Gutierrez Saldana, a.k.a. Jaime Gutierrezd Agency No. A073-818-147
Saldana, a.k.a. Jaime Saldana, a.k.a. Jaime
G. Saldana, a.k.a. Jaime Saldana Gutierrea,
a.k.a. Jaime Saldana Gutierrez, a.k.a. MEMORANDUM*
Jaime Salidana Lotierrez,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. .
Jaime Saldana-Gutierrez, a native and citizen of Mexico, petitions pro se for
*
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).
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s removal order and denying his motion to remand.
Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of
law. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir. 2004). We deny in part and
dismiss in part the petition for review.
The BIA correctly concluded that, under the modified categorical approach,
Saldana-Gutierrez’s conviction for possession of a firearm by a felon with a
two-year sentence of imprisonment qualified as an aggravated felony under 8
U.S.C. § 1101(a)(43)(E). See United States v. Castillo-Rivera, 244 F.3d 1020,
1022-23 (9th Cir. 2001).
In his opening brief, Saldana-Gutierrez fails to address, and therefore has
waived any challenge to, the BIA’s denial of his motion to remand to apply for
asylum, withholding of removal, and Convention Against Torture protection. See
Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a petitioner
waives an issue by failing to raise it in the opening brief).
Saldana-Gutierrez’s contention that his removal was unlawful is without
merit. See 8 U.S.C. § 1252(b)(3)(B).
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We lack jurisdiction to review the claims raised in Saldana-Gutierrez’s July
2012 motion to reopen because he did not file a petition for review of the BIA’s
order denying that motion. See 8 U.S.C. § 1252.
We also lack jurisdiction to review Saldana-Gutierrez’s remaining
contentions because they are unexhausted. See Barron, 358 F.3d at 677-78.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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