Jian Xie v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JIAN JUN XIE, No. 17-71933 Petitioner, Agency No. A205-323-455 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted September 18, 2019** Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges. Jian Jun Xie, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order summarily dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. In his opening brief, Xie fails to raise, and therefore has waived, any * 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). challenge to the BIA’s grounds for summarily dismissing his appeal under 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). We do not reach Xie’s opening brief contentions because our review is limited to the BIA’s order. See Hernandez-Cruz v. Holder, 651 F.3d 1094, 1109 (9th Cir. 2011) (review is limited to the actual grounds relied upon by the BIA). PETITION FOR REVIEW DENIED. 2 17-71933 17-71933 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jian Xie v. William Barr 23 September 2019 Agency Unpublished 0d84c53b8be9b941dc74a9e5cfbbda1d9b42c11b

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals