Sergio Salgado-Salinas v. Loretta E. Lynch

Ninth Circuit

Sergio Salgado-Salinas v. Loretta E. Lynch

616 F. App'x 345

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 28, 2015

Docket13-71243

StatusUnpublished

This text of 616 F. App'x 345 (Sergio Salgado-Salinas v. Loretta E. Lynch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sergio Salgado-Salinas v. Loretta E. Lynch, 616 F. App'x 345 (9th Cir. 2015).

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Opinion

*346 MEMORANDUM **

Sergio Salgado-Salinas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1097-98 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Salgado-Salinas’ motion to remand, where Salgado-Salinas failed to establish that the evidence he submitted was unavailable at the time of his removal hearing. See Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1988) (“Since a motion to remand is so similar to a motion to reopen, the motion to remand should be drafted in conformity with the regulations pertinent to motions to reopen[.]” (internal citation omitted)); 8 C.F.R. § 1003.2(c) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing[.]”).

It follows that the BIA did not violate due process in denying Salgado-Salinas’ motion to remand. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (to prevail on a due process challenge, an alien must show error and prejudice).

In his opening brief, Salgado-Salinas fails to raise, and therefore has waived, any challenge to the BIA’s grounds for dismissal of his appeal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.2013) (a petitioner waives a contention by failing to raise it in the opening brief).

The government’s August 12, 2015, motion to lift the abeyance is denied as moot.

PETITION FOR REVIEW DENIED.

**

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

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*346 MEMORANDUM **

Sergio Salgado-Salinas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order denying his application for cancellation of removal, and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to remand. Movsisian v. Ashcroft, 395 F.3d 1095, 1097-98 (9th Cir.2005). We deny the petition for review.

The BIA did not abuse its discretion in denying Salgado-Salinas’ motion to remand, where Salgado-Salinas failed to establish that the evidence he submitted was unavailable at the time of his removal hearing. See Rodriguez v. INS, 841 F.2d 865, 867 (9th Cir.1988) (“Since a motion to remand is so similar to a motion to reopen, the motion to remand should be drafted in conformity with the regulations pertinent to motions to reopen[.]” (internal citation omitted)); 8 C.F.R. § 1003.2(c) (“A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing[.]”).

It follows that the BIA did not violate due process in denying Salgado-Salinas’ motion to remand. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (to prevail on a due process challenge, an alien must show error and prejudice).

In his opening brief, Salgado-Salinas fails to raise, and therefore has waived, any challenge to the BIA’s grounds for dismissal of his appeal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir.2013) (a petitioner waives a contention by failing to raise it in the opening brief).

The government’s August 12, 2015, motion to lift the abeyance is denied as moot.

PETITION FOR REVIEW DENIED.

**

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

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