Teodoro Delgado Suarez v. Jefferson Sessions ( 2018 )


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  •                               NOT FOR PUBLICATION                         FILED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