Isidro Ortiz-Rosales 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).
SS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ISIDRO ORTIZ-ROSALES,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-75105
Agency No. A078-025-026
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Isidro Ortiz-Rosales, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his request for voluntary departure. Our
FILED
MAR 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part
the petition for review.
We lack jurisdiction to review the agency’s discretionary denial of voluntary
departure. See 8 U.S.C. §§ 1229c(f), 1252(a)(2)(B)(I). Ortiz-Rosales’ due process
claim regarding the denial of voluntary departure is not colorable. See
Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005).
In his opening brief, Ortiz-Rosales fails to address, and therefore has waived
any challenge to, the agency’s denial of his application 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).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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