BENITO ZARAGOZA-TINOCO V. LORETTA E. LYNCH, No. 15-70905 (9th Cir. 2016)

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FILED AUG 23 2016 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BENITO ZARAGOZA-TINOCO, Petitioner, No. 15-70905 Agency No. A206-410-295 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. Benito Zaragoza-Tinoco, 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 decision denying his application for cancellation of removal. We dismiss in part and deny in part the petition for review. * The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). We lack jurisdiction to review the BIA’s determination that ZaragozaTinoco failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005). In his opening brief, Zaragoza-Tinoco fails to address, and therefore has waived any challenge to, the BIA’s denial of his motion to remand. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 15-70905

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