JIAN JUN XIE v. BARR (2019)

United States Court of Appeals, Ninth Circuit.

JIAN JUN XIE, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 17-71933

Decided: September 23, 2019

Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Jian Jun Xie, Pro Se Matthew Albert Connelly, 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 **

Jian Jun Xie, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

In his opening brief, Xie fails to raise, and therefore has waived, any challenge to the BIA’s grounds for summarily dismissing his appeal under 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived).

We do not reach Xie’s opening brief contentions because our review is limited to the BIA’s order. See Hernandez-Cruz v. Holder, 651 F.3d 1094, 1109 (9th Cir. 2011) (review is limited to the actual grounds relied upon by the BIA).

PETITION FOR REVIEW DENIED.

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