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Santos v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 23, 2016
No. 13-72369 (9th Cir. Aug. 23, 2016)

Opinion

No. 13-72369

08-23-2016

LUIS A. HERNANDEZ SANTOS, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A088-967-263 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: O'SCANNLAIN, LEAVY, and CLIFTON, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Luis A. Hernandez Santos, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals' ("BIA") order affirming an immigration judge's ("IJ") decision denying his motion to reopen to reissue the IJ's prior decision. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Hernandez-Velasquez v. Holder, 611 F.3d 1073, 1077 (9th Cir. 2010), and review de novo claims of due process violations, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny the petition for review.

The BIA's issuance of a summary affirmance without opinion did not violate due process. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 851 (9th Cir. 2003).

We reject any request Hernandez Santos makes that the court reissue the IJ's January 19, 2012, order.

Hernandez Santos does not argue the BIA abused its discretion in denying his motion to reopen. 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 DENIED.


Summaries of

Santos v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Aug 23, 2016
No. 13-72369 (9th Cir. Aug. 23, 2016)
Case details for

Santos v. Lynch

Case Details

Full title:LUIS A. HERNANDEZ SANTOS, Petitioner, v. LORETTA E. LYNCH, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Aug 23, 2016

Citations

No. 13-72369 (9th Cir. Aug. 23, 2016)