Joe Echeverria Magana v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Joe Luis Echeverría Magana, native and citizen of Mexico, petitions pro se for re view of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for 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.
In his opening brief, Echeverría Magana fails to raise, and therefore waives, any challenge to the BIA’s determinations with respect to his claim for cancellation of removal, the IJ’s denial of a continuance, and reinstatement of the IJ’s grant of voluntary departure. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011) (a petitioner waives an issue by failing to raise it in the opening brief).
We lack jurisdiction to consider Echev-erría Magana’s claim, presented for the first time on appeal, that he fears persecution in Mexico, because he failed to exhaust this claim before the BIA. Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”).