MOSES AKA v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

Bernartita MOSES, AKA Bernartita Mariano Moses, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 15-72051

Decided: July 13, 2018

Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

JohnAaron Murphy Jones, Esquire, Law Office of Johnaaron Jones, Honolulu, HI, Deborah E. Quick, Morgan Lewis & Bockius LLP, San Francisco, CA, for Petitioner Colin J. Tucker, Trial Attorney, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

MEMORANDUM **

Bernartita Moses, a native and citizen of the Federated States of Micronesia, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision ordering her removed. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Moses has not raised, and therefore she has waived, any challenge to the agency’s determination that her conviction under Hawaii Penal Code §§ 708-830(2), 708-831(1)(b) is a crime involving moral turpitude. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver). Moses also waived any challenge to removability, because she did not raise this contention in her opening brief. See id.

We lack jurisdiction to consider Moses’s unexhausted challenges to the validity of her criminal conviction. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (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.

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