Penaloza-Alcantar

Penaloza-Alcantar v. Holder

Good Law
333 F. App'x 240
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009Nos. 06-74032, 06-75840California272 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Ignacio Penaloza-Alcantar, his wife Maria Guadalupe Ortuno-Ramos, and their daughter Gloria Penaloza-Ortuno, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing *241 their appeal from an immigration judge’s (“IJ”) removal order and denying their motion to remand, and its subsequent order denying reconsideration. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of motions to reopen and reconsider, and de novo claims of due process violations, including claims of ineffective assistance of counsel in immigration proceedings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

In the opening brief, petitioner Gloria Penaloza-Ortuno does not challenge the agency’s finding that she is ineligible for cancellation of removal because she lacks a qualifying relative. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived).

We agree with the BIA’s conclusion in its July 19, 2006, order denying the motion to…

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