Villagomez

Villagomez v. Gonzales

Good Law
177 F. App'x 744
United States Court of Appeals for the Ninth CircuitApril 26, 2006No. 04-70974California410 words

Opinion

lead Opinion

AMENDED MEMORANDUM **

The memorandum disposition filed February 21, 2006, is amended in full as follows:

Juan Villagomez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeal’s (“BIA”) decision denying his motion to reopen removal proceedings and reconsider its previous decision denying his application for a waiver of inadmissability under former section 212(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182 (c). We review for abuse of discretion the BIA’s denial of a motion to reopen and reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We dismiss the petition in part and deny it in part.

Villagomez has not argued that the BIA abused its discretion in denying his motion to reopen and reconsider, nor has he challenged the BIA’s determination that he was not deserving of cancellation of removal. Villagomez has thus waived any consideration of those issues. See Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir.1996). Villagomez instead challenges the BIA’s initial dismissal of his appeal, arguing (1) that he was not removable because his convictions do not qualify as crimes of violence or domestic violence and…

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