NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUN 24 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ZAMIR GABRIEL ALVAREZ-GOMEZ, No. 18-73202 AKA Josei Guema, Agency No. A095-789-832 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 21, 2021** Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges. Zamir Gabriel Alvarez-Gomez, a native and citizen of Peru, petitions for review of the Board of Immigration Appeals’ (“BIA”) order granting respondent’s motion to reconsider. We have jurisdiction under 8 U.S.C. § 1252. We review 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). abuse of discretion the BIA’s ruling on a motion to reconsider. Mohammed v. Gonzales, 400 F.3d 785, 791 (9th Cir. 2005). We deny the petition for review. In his opening brief, Alvarez-Gomez does not challenge the agency’s determination that his 1999 conviction constitutes a crime involving moral turpitude. 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). The BIA did not abuse its discretion in granting respondent’s motion to reconsider, where Alvarez-Gomez’s contention that his 1999 conviction is no longer a disqualifying conviction for cancellation of removal purposes under an amendment to California Penal Code § 18.5 is foreclosed by Velasquez-Rios v. Wilkinson, 988 F.3d 1081, 1089 (9th Cir. 2021) (holding that “California’s amendment to § 18.5 of the California Penal Code, which retroactively reduces the maximum misdemeanor sentence to 364 days for purposes of state law, cannot be applied retroactively for purposes of § 1227(a)(2)(A)(i).”). The stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 18-73202 18-73202 Court of Appeals for the Ninth Circuit ca9 9th Cir. Zamir Alvarez-Gomez v. Merrick Garland 24 June 2021 Agency Unpublished 17d3b4dc0266869464df91d556357938c7bc0fe5
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