Carlo Caringal v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Carlo Endozo Caringal (“Petitioner”), a native and citizen of the Phil ippines, seeks review of the Board of Immigration Appeals’ (“BIA”) order finding Petitioner to be removable and statutorily ineligible for cancellation of removal.

Petitioner is removable for his convictions for two crimes involving moral turpitude which two crimes did not arise out of a single scheme of criminal misconduct. See 8 U.S.C. § 1227 (a)(2)(A)(ii). These two unrelated crimes resulted in separate convictions for petty theft and burglary. Petitioner fails to seek review of the BIA’s findings that his petty theft and burglary offenses are crimes involving moral turpitude.

We have held that “arguments not raised by a party in its opening brief are deemed waived.” Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999). Hence, Petitioner waives these issues. He is thus removable for having committed two crimes involving moral turpitude that did not arise out of a single scheme of criminal misconduct.

Petitioner is further not statutorily eligible for cancellation of removal because he had not accrued the necessary seven years of continuous residence to qualify for relief under 8…