Carlos Valenzuela-Morales v. Eric H. Holder Jr., No. 08-71866 (9th Cir. 2011)

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FILED MAR 28 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT CARLOS MANUEL VALENZUELAMORALES, No. 08-71866 Agency No. A040-443-512 Petitioner, MEMORANDUM * v. 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 ValenzuelaMorales 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. 2 08-71866

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