Minerva Leticia Aviles- Ocampo v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MINERVA LETICIA AVILES-
OCAMPO,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 15-70859
Agency No. A205-712-814
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 26, 2016**
Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.
Minerva Leticia Aviles-Ocampo, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s order of removal. We have jurisdiction under
FILED
AUG 02 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 Ninth Circuit Rule 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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8 U.S.C. § 1252. We review de novo legal claims, Simeonov v. Ashcroft, 371 F.3d
532, 535 (9th Cir. 2004), and deny the petition for review.
Aviles-Ocampo does not challenge the agency’s dispositive determination
that her petty theft with priors convictions constitute crimes involving moral
turpitude that render her statutorily ineligible for cancellation of removal. See 8
U.S.C. § 1229b(b)(1)(B)-(C); Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir.
2011) (issues not raised in an opening brief are waived).
We reject Aviles-Ocampo’s contention that the BIA engaged in improper
fact-finding in determining she was not eligible for cancellation of removal and
declining to remand to the immigration judge.
In light of our disposition, we do not reach Aviles-Ocampo’s remaining
contention regarding whether her convictions constitute aggravated felonies. See
Simeonov, 371 F.3d at 538.
PETITION FOR REVIEW DENIED.
15-70859 2

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