Juan Jose Morales-Barrera v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN JOSE MORALES-BARRERA,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 15-73380
Agency No. A088-673-241
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2022**
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
Juan Jose Morales-Barrera, a native and citizen of Guatemala, petitions pro
se for review of the Board of Immigration Appeals’ (“BIA”) order denying his
motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C.
§ 1252. We dismiss in part and deny in part the petition for review.
* 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).
FILED
JUN 22 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-73380
We lack jurisdiction to consider Morales-Barrera’s contentions as to the
merits of his application for asylum, withholding of removal, and relief under the
Convention Against Torture, because he did not timely petition for review as to
that order.1 See 8 U.S.C. § 1252(b)(1) (“The petition for review must be filed not
later than 30 days after the date of the final order of removal.”).
In his opening brief, Morales-Barrera does not raise and therefore waives
any challenge to the agency’s denial of his motion to reopen. See Lopez-Vasquez
v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised
and argued in a party’s opening brief are waived).
We do not consider the materials Morales-Barrera includes in his opening
brief that are not part of the administrative record. See Fisher v. INS, 79 F.3d 955,
963-64 (9th Cir. 1996) (en banc).
The temporary stay of removal remains in place until issuance of the
mandate. The motion for a stay of removal is otherwise denied.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
1 Morales-Barrera states in his opening brief that a separate petition
appealing the denial of the BIA’s motion to reopen has been filed. As of now, the
court has no record of another petition for review from Morales-Barrera.

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