Marco Antonio Martinez- Garcia v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO ANTONIO MARTINEZ-
GARCIA,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 09-72751
Agency No. A078-683-488
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Marco Antonio Martinez-Garcia, a native and citizen of Mexico, petitions
pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing
his appeal from an immigration judge’s decision denying adjustment of status. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.
FILED
JUN 21 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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Garfias-Rodriguez v. Holder, 702 F.3d 504, 512 n.6 (9th Cir. 2012) (en banc). We
deny in part and grant in part the petition for review, and remand.
In his opening brief, Martinez-Garcia does not raise, and therefore has
waived, any challenge to the agency’s dispositive determination that he failed to
demonstrate the 10-years of continuous physical presence required for cancellation
of removal. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (a petitioner
waives an issue by failing to raise it in the opening brief).
This case is remanded to the BIA for further proceedings regarding
adjustment of status in light of Correo-Ruiz v. Lynch, 809 F.3d 543 (9th Cir. 2015).
The BIA shall grant Martinez-Garcia an opportunity to supplement the record.
Each party shall bear its own costs on appeal.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
09-72751 2

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