NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 19 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HUGO ALBERTO OLIVAS- No. 16-73736 ESCALANTE, Agency No. A200-607-747 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 12, 2018** Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges. Hugo Alberto Olivas-Escalante, 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 (“IJ”) decision denying his application for * 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). cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. Olivas-Escalante has waived any challenge to the agency’s determination that he is statutorily ineligible for cancellation of removal due to his conviction for felony endangerment under Arizona Revised Statute § 13-1201. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). To the extent Olivas-Escalante contends the agency denied cancellation of removal as a matter of discretion, the record does not support this contention. Olivas-Escalante establishes no error in the agency’s administrative closure determination, where the BIA denied based on the factors applicable at the time of its decision, and he did not request administrative closure before the IJ. See Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018). PETITION FOR REVIEW DENIED. 2 16-73736 16-73736 Court of Appeals for the Ninth Circuit ca9 9th Cir. Hugo Olivas-Escalante v. Jefferson Sessions, III 19 September 2018 Agency Unpublished 70a118e28d29117ae6b3f88501046c97324565d1
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