Fuentes Aguilar v. Holder

389 F. App'x 697

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 28, 2010
• Docket: 04-73796
• Status: Unpublished

Opinions

MEMORANDUM

**

Baltazar Fuentes Aguilar, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reconsider its summary affirmance of an immigration judge’s decision denying him cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reconsider. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). We deny the petition for review.

Fuentes Aguilar’s opening brief does not challenge the BIA’s order denying reconsideration, so we do hot review that order. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

Fuentes Aguilar’s equal protection challenge to the Nicaraguan and Central American Relief Act is foreclosed by Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a rational diplomatic decision to encourage such aliens to remain in the United States.’ ”) (quoting Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001)).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.