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381 F. App'x 694

Hernandez v. Holder

U.S. Courts of Appeals

Decided June 3, 2010

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U.S. Courts of Appeals · decided 2010-06-03

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1255 (§ 245 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Martinez-Serrano v. Immigration & Naturalization Service · Hector Montero-Martinez v. John Ashcroft Attorney General of the United States

Decided 2010-06-03

¶1 MEMORANDUM …

¶2 Fernando Tecontero Hernandez, 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 removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th Cir.2002). We deny the petition for review.

¶3 The BIA correctly determined that Tecontero Hernandez was statutorily ineligible for adjustment of status because there was no immigrant visa immediately available to him. See 8 U.S.C. § 1255(i)(2).

¶4 In his opening brief, Tecontero Hernandez fails to address, and therefore has waived any challenge to, the BIA’s determination that he is ineligible for cancellation of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

¶5 Tecontero Hernandez’s remaining contentions are not persuasive.

¶6 PETITION FOR REVIEW DENIED.

…

¶7 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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