Jose Rodriguez-Rodriguez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 21 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE RODRIGUEZ-RODRIGUEZ, No. 16-70622 Petitioner, Agency No. A200-245-860 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Jose Rodriguez-Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the petition for review. * 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). Rodriguez-Rodriguez has waived any challenge to the agency’s hardship determination. See Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived). Because the agency’s hardship determination is dispositive, we do not reach Rodriguez-Rodriguez’s contentions regarding the agency’s continuous physical presence and related credibility determinations. See Camacho-Cruz v. Holder, 621 F.3d 941, 942 (9th Cir. 2010) (failure to satisfy any one of the four requirements in 8 U.S.C. § 1229b(b)(1) is fatal to a cancellation application); Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach). PETITION FOR REVIEW DENIED. 2 16-70622 16-70622 Court of Appeals for the Ninth Circuit ca9 9th Cir. Jose Rodriguez-Rodriguez v. Jefferson Sessions 21 December 2017 Agency Unpublished 5308c2ce45c2221098df439d596661abec0b234f

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