GARCIA MAY v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Arturo GARCIA-MAY, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 19-71082

Decided: April 13, 2020

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

Jennifer K. Lesmez, Esquire, Law Offices of Jennifer Lesmez, Selah, WA, for Petitioner Joseph D. Hardy, Trial Attorney, Anthony Cardozo Payne, Senior Litigation Counsel, 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 **

Arturo Garcia-May, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.

Garcia-May does not raise, and therefore waives, any challenge to the agency’s determination that his conviction for possession of marijuana under Idaho Code § 37-2732(c)(3) makes him ineligible for cancellation of removal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived). Because the agency’s determination is dispositive, we do not address Garcia-May’s remaining contentions. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the courts and the agency are not required to make findings on issues the decision of which is unnecessary to the results).

PETITION FOR REVIEW DENIED.

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