ADRIAN DEJESUS TOSCANO REYES, AKA Jesus Adrian Reyes v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIAN DEJESUS TOSCANO REYES,
AKA Jesus Adrian Reyes,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72246
Agency No. A095-808-646
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2015**
Before: CANBY, GOULD, and N.R. SMITH, Circuit Judges.
On January 29, 2015, the court granted the government’s unopposed motion
to hold proceedings in abeyance. On April 2, 2015, the government informed the
court that Adrian Dejesus Toscano Reyes, a native and citizen of Mexico, is not a
FILED
APR 16 2015
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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candidate for prosecutorial discretion, and requested that this case move forward.
The abeyance is hereby lifted.
Toscano Reyes petitions for review of the Board of Immigration Appeals’
order dismissing his appeal from an immigration judge’s removal order. We have
jurisdiction under 8 U.S.C. § 1252. We deny the petition for review.
Toscano Reyes conceded before the agency that he was removable under 8
U.S.C. § 1182(a)(6)(A)(i) as an alien present without being admitted or paroled,
and he does not challenge removability on that ground. Because he is removable
on this ground and does not contend that he is eligible for any form of relief from
removal, we need not reach his contentions regarding his second ground of
removability. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (“As a
general rule courts and agencies are not required to make findings on issues the
decision of which is unnecessary to the results they reach.” (citation and quotation
marks omitted)); Rizk v. Holder, 629 F.3d 1083, 1091 n.3 (9th Cir. 2011) (a
petitioner waives an issue by failing to raise it in his or her opening brief).
We grant the motions to withdraw as counsel of record filed by Elsa I.
Martinez.
PETITION FOR REVIEW DENIED.
No. 10-72246 2

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