Roger Quintanilla-Torres v. Eric Holder, Jr.

Good Law
511 F. App'x 643
United States Court of Appeals for the Ninth CircuitMarch 14, 201312-71008California295 words

Opinion

Opinion

MEMORANDUM

Petitioner Roger Quintanilla-Torres, a native and citizen of El Salvador, petitions pro se for review of a decision from the Board of Immigration Appeals (“BIA”). The BIA dismissed his appeal from the immigration judge’s (“IJ”) denial of his motion to reopen proceedings after his removal was ordered in absentia.

Where the BIA adopts the IJ’s decision and adds its own reasoning, we review both decisions. Lopez-Cardona v. Holder, 662 F.3d 1110, 1111 (9th Cir.2011). The denial of a motion to reopen is reviewed for an abuse of discretion, and questions of law are reviewed de novo. Hamazaspyan v. Holder, 590 F.3d 744, 747 (9th Cir.2009). Our review of an in absentia removal order is limited to the validity of the notice provided to the alien, the reasons for the alien’s absence, and whether the alien is removable. 8 U.S.C. § 1229a(b)(5)(D). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

Quintanilla-Torres failed to challenge the BIA and IJ’s grounds for denying his motion to reopen. We deem those issues waived. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011). Quintanil-la-Torres’s sole argument on appeal is that he should…

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