Arturo Arias-Flores v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ARTURO ARIAS-FLORES,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-72257
Agency No. A205-401-269
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 24, 2016**
Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.
Arturo Arias-Flores, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision granting voluntary departure. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo constitutional claims.
FILED
FEB 29 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 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).

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Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). We deny the
petition for review.
Arias-Flores does not raise, and therefore has waived, any challenge to the
agency’s finding that he withdrew his application for cancellation of removal and
waived the opportunity to apply for that relief. See Rizk v. Holder, 629 F.3d 1083,
1091 n.3 (9th Cir. 2011) (issues not raised in an opening brief are waived).
Arias-Flores’ contention that he was denied due process by the IJ during his
removal proceedings is not supported by the record. See Ibarra-Flores, 439 F.3d
at 620-21 (due process claims require showing that proceedings were “so
fundamentally unfair that the alien was prevented from reasonably presenting his
case”) (internal quotation marks and citation omitted)).
PETITION FOR REVIEW DENIED.
2 14-72257

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