NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 22 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GERARDO RIOS ZAMORA, AKA No. 19-70859 Gerardo Rios-Zamora, Agency No. A070-967-063 Petitioner, v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2021** Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges. Gerardo Rios Zamora, 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 decision denying his applications for cancellation of removal, withholding of removal, and relief under the Convention Against Torture (“CAT”), * 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). and denying his request to terminate proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to terminate, and we review de novo questions of law. Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny the petition for review. The BIA did not abuse its discretion in denying Rios Zamora’s request to terminate proceedings, where his contention that the immigration judge lacked jurisdiction over his proceedings is foreclosed by Aguilar Fermin v. Barr, 958 F.3d 887, 895 (9th Cir. 2020) (omission of certain information from Notice to Appear can be cured for jurisdictional purposes by later hearing notice). In his opening brief, Rios Zamora does not raise any challenge to the agency’s determinations that he did not establish eligibility for cancellation of removal, withholding of removal, or relief under the CAT. 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). As stated in the court’s June 14, 2019 order, the temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-70859 19-70859 Court of Appeals for the Ninth Circuit ca9 9th Cir. Gerardo Rios Zamora v. Robert Wilkinson 22 January 2021 Agency Unpublished b77a51b72d1106d06515669781c11a3082f1e738
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