BERNARTITA MOSES, AKA Bernartita Mariano Moses v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BERNARTITA MOSES, AKA Bernartita
Mariano Moses,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-72051
Agency No. A206-352-760
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 10, 2018**
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Bernartita Moses, a native and citizen of the Federated States of Micronesia,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s decision ordering her removed. Our
* 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).
FILED
JUL 13 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-72051
jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part
the petition for review.
Moses has not raised, and therefore she has waived, any challenge to the
agency’s determination that her conviction under Hawaii Penal Code §§ 708-
830(2), 708-831(1)(b) is a crime involving moral turpitude. See Corro-Barragan v.
Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening
brief resulted in waiver). Moses also waived any challenge to removability,
because she did not raise this contention in her opening brief. See id.
We lack jurisdiction to consider Moses’s unexhausted challenges to the
validity of her criminal conviction. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th
Cir. 2010) (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.

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