Enrique Reyes Villarreal- Martinez v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ENRIQUE REYES VILLARREAL-
MARTINEZ,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-71239
Agency No. A091-231-340
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2018**
Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.
Enrique Reyes Villarreal-Martinez, 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 withholding of removal and protection
* 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). Accordingly, Villarreal-
Martinez’s request for oral argument is denied.
FILED
JUN 15 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-71239
under the Convention Against Torture (“CAT”). We have jurisdiction under
8 U.S.C. § 1252. We review de novo questions of law. Ahmed v. Holder, 569 F.3d
1009, 1012 (9th Cir. 2009). We deny the petition for review.
Villarreal-Martinez does not raise, and therefore waives, any challenge to
the agency’s determination that he is ineligible for CAT relief, or to its fact-based
determination that his conviction for burglary of a habitation under Texas Penal
Code (“TPC”) § 30.02(c)(2) is a particularly serious crime, rendering him
ineligible for withholding of removal. See Lopez-Vasquez v. Holder, 706 F.3d
1072, 1079-80 (9th Cir. 2013) (issues not specifically argued in an opening brief
are waived).
Villarreal-Martinez’s general contention that only an aggravated felony can
be a particularly serious crime is foreclosed by Delgado v. Holder, 648 F.3d 1095,
1102 (9th Cir. 2011) (en banc). To the extent he contends that the interpretation of
the particularly serious crime bar in Delgado v. Holder is overbroad, a three-judge
panel cannot overrule circuit precedent in the absence of an intervening decision
from a higher court. See Avagyan v. Holder, 646 F.3d 672, 677 (9th Cir. 2011).
We need not reach Villarreal-Martinez’s contention that his conviction under
TPC § 30.02(c)(2) is not an aggravated felony. See Simeonov v. Ashcroft, 371 F.3d
532, 538 (9th Cir. 2004) (courts and agencies are not required to reach non-
dispositive issues).

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3 16-71239
Villarreal-Martinez’s request to hold the case in abeyance pending the
Supreme Court’s decision reviewing Dimaya v. Lynch, 803 F.3d 1110 (9th Cir.
2015) is denied as moot, where a decision has since issued in Sessions v. Dimaya,
138 S. Ct. 1204 (2018).
PETITION FOR REVIEW DENIED.

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