CORDOVA MARTINEZ v. BARR (2020)

United States Court of Appeals, Ninth Circuit.

Julio CORDOVA-MARTINEZ, aka Marvin Campos, aka Juan Sanchez-Gomez, Petitioner, v. William P. BARR, Attorney General, Respondent.

No. 18-73347

Decided: April 17, 2020

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

Jack S. Feltscher, Esquire, Attorney, Law Office of Jack S. Feltscher, Escondido, CA, for Petitioner Mary Jane Candaux, Assistant Director, 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 **

Julio Cordova-Martinez, 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. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Cordova-Martinez does not raise, and therefore waives, any challenge to the agency’s removability determination and the denial of 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).

We lack jurisdiction to review Cordova-Martinez’s due process claims. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (finding no jurisdiction to review due process claims based on correctable procedural errors that were not raised to the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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