Castanon-Grijalva

Castanon-Grijalva v. Ashcroft

Good Law
84 F. App'x 888
United States Court of Appeals for the Ninth CircuitDecember 19, 2008No. 02-73511; Agency No. A92-118-998California277 words

Opinion

Lead Opinion

MEMORANDUM ***

Jesus Castanon-Grijalva, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals (“BIA”) decision denying his motions to stay removal and remand for consideration of new facts, and dismissing his appeal from the decision of an immigration judge (“IJ”) denying adjustment of status and cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 and we deny the petition for review.

*889 In this court, Castanon-Grijalva fails to argue how the BIA abused its discretion when it denied his motions to stay removal and remand to the IJ and dismissed his appeal of the IJ’s denial of adjustment of status and cancellation of removal. Accordingly, we regard Castanon-Grijalva’s failure as a waiver of his right to challenge the BIA’s decision. See Martinez-Serrano v. INS, 94 F.8d 1256, 1260 (9th Cir. 1996).

We need not reach Castanon-Grijalva’s challenge to the IJ’s finding of removability under 8 U.S.C. § 1182 (a)(9)(A)(ii). Castanon-Grijalva has never challenged the two additional grounds on which the IJ ordered him removed, 8 U.S.C. § 1182 (a)(6)(C)(i) (seeking to procure admission or obtain a benefit under the Immigration and…

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