JOSE RIVERA V. LORETTA E. LYNCH, No. 14-72651 (9th Cir. 2016)

Annotate this Case

Download PDF

FILED AUG 23 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE M. RIVERA, No. Petitioner, 14-72651 Agency No. A070-068-179 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 16, 2016** Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges. Jose M. Rivera, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. * 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). Rivera does not raise, and therefore has waived, any challenge to the BIA’s order dismissing his appeal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (issues not raised in an opening brief are waived). Rivera failed to exhaust his contention regarding ineffective assistance of counsel. See id. (the court lacks jurisdiction to consider legal claims not presented in an alien’s administrative proceedings before the agency). PETITION FOR REVIEW DENIED in part; DISMISSED in part. 2 14-72651

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.