Alberto Jorge VARGAS-RODRIGUEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 479 F. App'x 86

MEMORANDUM Alberto Jorge Vargas-Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005), and we deny the petition for review. Vargas-Rodriguez’s contention that the BIA violated his right to due process by not addressing his claim of ineffective assistance of counsel fails because he has not established prejudice resulting from the BIA’s omission.

See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim). Vargas-Rodriguez has failed to raise in his opening brief, and therefore has waived, any challenge to the agency’s denial of his application for cancellation of removal. See Rizk v. Holder, 629 F.3d 1083, 1091 n. 3 (9th Cir.2011) (issues not raised in a petitioner’s opening brief are deemed waived). PETITION FOR REVIEW DENIED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.