Jose Perez-Salazar v. Loretta E. Lynch , 623 F. App'x 453 ( 2015 )

FILED
NOT FOR PUBLICATION NOV 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE MANUEL PEREZ-SALAZAR, No. 14-70362
Petitioner, Agency No. A099-822-466
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2015**
Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.
Jose Manuel Perez-Salazar, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an Immigration Judge’s (“IJ”) decision finding him removable and denying
his application for cancellation of removal. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review de novo questions of law. Coronado v. Holder, 759 F.3d 977,
982 (9th Cir. 2014). We deny the petition for review.
The agency correctly determined that Perez-Salazar’s conviction under Cal.
Health and Safety Code § 11377(a), for possession of methamphetamine,
constitutes a controlled substance violation. See id. at 984-86 (holding that Cal.
Health & Safety Code § 11377(a) is divisible and subject to the modified
categorical approach). Perez-Salazar’s argument challenging Coronado’s
treatment of Cal. Health & Safety Code § 11377(a) is foreclosed by this court’s
decision in United States v. Torre-Jimenez, 771 F.3d 1163, 1165-67 (9th Cir.
2014).
Before this court, Perez-Salazar does not address, and therefore has waived
any challenge to, the BIA’s determination that he abandoned any challenge to the
IJ’s denial of cancellation. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir.
2011) (a petitioner waives an issue by failing to raise it in the opening brief).
Perez-Salazar’s motion to remand is denied.
PETITION FOR REVIEW DENIED.
2 14-70362