Hugo Alberto Olivas- Escalante v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HUGO ALBERTO OLIVAS-
ESCALANTE,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73736
Agency No. A200-607-747
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Hugo Alberto Olivas-Escalante, 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”) decision denying his application 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).
FILED
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-73736
cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We deny the
petition for review.
Olivas-Escalante has waived any challenge to the agency’s determination
that he is statutorily ineligible for cancellation of removal due to his conviction for
felony endangerment under Arizona Revised Statute § 13-1201. See Rizk v.
Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (issues not raised in an opening
brief are waived). To the extent Olivas-Escalante contends the agency denied
cancellation of removal as a matter of discretion, the record does not support this
contention.
Olivas-Escalante establishes no error in the agency’s administrative closure
determination, where the BIA denied based on the factors applicable at the time of
its decision, and he did not request administrative closure before the IJ. See
Gonzalez-Caraveo v. Sessions, 882 F.3d 885, 891 (9th Cir. 2018).
PETITION FOR REVIEW DENIED.

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