Gerardo Brito-Barrientos v. Loretta E. Lynch

MEMORANDUM

Gerardo Brito-Barrientos, 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 decision denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to remand. Mousisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny the petition for review.

In his opening brief, Brito-Barrientos does not raise, and therefore waives, any challenge to the agency’s hardship determination with respect to his initial claim for cancellation of removal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (a petitioner waives an issue by failing to raise it in the opening brief).

The BIA did not abuse its discretion in denying Brito-Barrientos’ motion to remand with regard to cancellation of removal, where he failed to establish that the evidence submitted was previously unavailable. See 8 C.F.R. § 1003.2 (c)(1); Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010).

The BIA also did not abuse its discretion in denying Brito-Barrientos’ motion to…