Alfredo Mercado Moreno v. Eric Holder, Jr., No. 09-72067 (9th Cir. 2011)

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FILED MAR 01 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALFREDO MERCADO MORENO, Petitioner, No. 09-72067 Agency No. A097-363-055 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 15, 2011 ** Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges. Alfredo Mercado Moreno, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judge s decision denying his application for cancellation of * 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). removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. In his opening brief, Mercado Moreno fails to address, and therefore has waived any challenge to, the agency s dispositive determination that he failed to provide credible testimony supporting the continuous physical presence required for cancellation of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party s opening brief are waived). In light of this disposition, we do not reach Mercado Moreno s hardship contentions. PETITION FOR REVIEW DENIED. 2 09-72067

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