NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 21 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT EDUARDO RODRIGUEZ-MENDIOLA, No. 19-72237 Petitioner, Agency No. A213-018-688 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2021** Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges. Eduardo Rodriguez-Mendiola, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order declining to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). § 1252. We dismiss in part and deny in part the petition for review. The BIA denied cancellation of removal as a matter of discretion and this court lacks jurisdiction to review such discretionary decisions. See 8 U.S.C. § 1252(a)(2)(B)(i); see also Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir. 2003) (discussing the court’s lack of jurisdiction to review a discretionary cancellation of removal determination and the related exception that the court retains jurisdiction to review “purely legal” questions). In his opening brief, Rodriguez-Mendiola does not raise any challenge to the BIA’s decision not to remand his removal proceedings to the IJ. See Lopez- Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). We lack jurisdiction to consider Rodriguez-Mendiola’s contention that the IJ violated his right to due process. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (requiring exhaustion of procedural errors that could be corrected by the BIA). The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 19-72237 19-72237 Court of Appeals for the Ninth Circuit ca9 9th Cir. Eduardo Rodriguez-Mendiola v. Merrick Garland 21 July 2021 Agency Unpublished 44eb034616acdf3265b416e956467f4d69c74f69
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