Jose M. Rivera v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSE M. RIVERA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72651
Agency No. A070-068-179
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 16, 2016**
Before: O’SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.
Jose M. Rivera, a native and citizen of El Salvador, petitions pro se for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s order of removal. Our jurisdiction is governed by 8
U.S.C. § 1252. We deny in part and dismiss in part the petition for review.
FILED
AUG 23 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

-- 1 of 2 --

Rivera does not raise, and therefore has waived, any challenge to the BIA’s
order dismissing his appeal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.
2010) (issues not raised in an opening brief are waived).
Rivera failed to exhaust his contention regarding ineffective assistance of
counsel. See id. (the court lacks jurisdiction to consider legal claims not presented
in an alien’s administrative proceedings before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
14-72651 2

-- 2 of 2 --