Fernando Tecontero Hernandez v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FERNANDO TECONTERO
HERNANDEZ,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 07-71569
Agency No. A077-288-959
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Fernando Tecontero Hernandez, 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 removal order. We have jurisdiction under 8 U.S.C.
FILED
JUN 03 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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07-71569 2
§ 1252. We review de novo questions of law. Montero-Martinez v. Ashcroft, 277
F.3d 1137, 1145 (9th Cir. 2002). We deny the petition for review.
The BIA correctly determined that Tecontero Hernandez was statutorily
ineligible for adjustment of status because there was no immigrant visa
immediately available to him. See 8 U.S.C. § 1255(i)(2).
In his opening brief, Tecontero Hernandez fails to address, and therefore has
waived any challenge to, the BIA’s determination that he is ineligible for
cancellation of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th
Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are
waived).
Tecontero Hernandez’s remaining contentions are not persuasive.
PETITION FOR REVIEW DENIED.

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