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Mendez v. Garland

United States Court of Appeals, Ninth Circuit
Jun 10, 2022
No. 20-70523 (9th Cir. Jun. 10, 2022)

Opinion

20-70523

06-10-2022

ANA ELIZABETH MENDEZ-DE MENDEZ; et al., Petitioners, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted June 1, 2022

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

On Petition for Review of an Order of the Board of Immigration Appeals Agency Nos. A099-466-665 A208-452-463 A208-452-464

Before: FRIEDLAND, SANCHEZ, and H. THOMAS, Circuit Judges

MEMORANDUM

Ana Elizabeth Mendez-De Mendez, and her two sons, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals' ("BIA") order dismissing their appeal from an immigration judge's ("IJ") decision denying their applications for asylum, withholding of removal, and protection under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, including due process challenges. Young Sun Shin v. Mukasey, 547 F.3d 1019, 1023 (9th Cir. 2008) (citation omitted). We deny the petition for review.

In their counseled opening brief, petitioners argue that the BIA erred in adopting the IJ's adverse credibility determination. This argument is unavailing because the BIA expressly presumed petitioners credible and denied their applications for asylum, withholding of removal, and protection under CAT on the merits. Petitioners have waived any challenges to the BIA's dispositive merits determinations by failing to raise them in the opening brief, and their asylum, withholding, and CAT claims therefore fail. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party's opening brief are waived).

PETITION FOR REVIEW DENIED.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Mendez v. Garland

United States Court of Appeals, Ninth Circuit
Jun 10, 2022
No. 20-70523 (9th Cir. Jun. 10, 2022)
Case details for

Mendez v. Garland

Case Details

Full title:ANA ELIZABETH MENDEZ-DE MENDEZ; et al., Petitioners, v. MERRICK B…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 10, 2022

Citations

No. 20-70523 (9th Cir. Jun. 10, 2022)