NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 20 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERTO GERMAN TEPOZTECO- No. 16-72198 RIOS, AKA Roberto Rios, AKA Roberto Tepozteco, Agency No. A205-712-052 Petitioner, MEMORANDUM* v. 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. Roberto German Tepozteco-Rios, 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”) removal order. We have jurisdiction * 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). under 8 U.S.C. § 1252. We review de novo questions of law. Tawadrus v. Ashcroft, 364 F.3d 1099, 1102 (9th Cir. 2004). We deny the petition for review. We reject Tepozteco-Rios’s contention that the agency denied his right to counsel and violated due process, where he expressly opted to continue unrepresented after the IJ asked if he would like more time to find an attorney. See id. at 1103 (explaining requirements for waiver of right to counsel); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim). The BIA did not err in rejecting Tepozteco-Rios’s unsupported contentions that he was incapable of representing himself and that he fears returning to Mexico. See Carrillo-Gonzalez v. INS, 353 F.3d 1077, 1079 (9th Cir. 2003) (argument of counsel does not constitute evidence). PETITION FOR REVIEW DENIED. 2 16-72198 16-72198 Court of Appeals for the Ninth Circuit ca9 9th Cir. Roberto Tepozteco-Rios v. Jefferson Sessions 20 December 2017 Agency Unpublished 20c906d18c07778736d058b13051f8fc046c12b9
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