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708 F. App'x 356

Jose Rodriguez-Rodriguez v. Jefferson Sessions

U.S. Courts of Appeals

Decided December 21, 2017

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U.S. Courts of Appeals · decided 2017-12-21

Applies 8 U.S.C. § 1229B (§ 240a of the Immigration and Nationality Act of 1952 (McCarran-Walter)) · 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Simeonov v. Ashcroft · Rizk v. Holder · Camacho-Cruz v. Holder

Decided 2017-12-21

¶1 MEMORANDUM …

¶2 Jose Rodriguez-Rodriguez, 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.

¶3 Rodriguez-Rodriguez has waived any challenge to the agency’s hardship determination. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not, raised in an opening brief are waived).

¶4 Because the agency’s hardship determination is dispositive, we do not reach Rodriguez-Rodriguez’s contentions regarding the agency’s continuous physical presence and related credibility determinations. See Camacho-Cruz v. Holder, 621 F.3d 941, 942 (9th Cir. 2010) (failure to satisfy any one of the four requirements in 8 U.S.C. § 1229b(b)(1) is fatal to a cancellation application); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach),

¶5 PETITION FOR REVIEW DENIED.

…

¶6 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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