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Aguilar-Roque v. Garland

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 26, 2021
No. 20-71454 (9th Cir. May. 26, 2021)

Opinion

No. 20-71454

05-26-2021

VIDAL ANTONIO AGUILAR-ROQUE, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A216-440-019 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.

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

Vidal Antonio Aguilar-Roque, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals' order affirming without opinion an immigration judge's decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

Even construed liberally, Aguilar-Roque's pro se opening brief does not raise any challenge to the denial of his asylum and withholding of removal claims based on an adverse credibility determination. 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). Aguilar-Roque also does not raise any challenge to the agency's denial of relief under the CAT. See id.

We lack jurisdiction to consider Aguilar-Roque's unexhausted contention that he received ineffective assistance of counsel. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Aguilar-Roque v. Garland

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 26, 2021
No. 20-71454 (9th Cir. May. 26, 2021)
Case details for

Aguilar-Roque v. Garland

Case Details

Full title:VIDAL ANTONIO AGUILAR-ROQUE, Petitioner, v. MERRICK B. GARLAND, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 26, 2021

Citations

No. 20-71454 (9th Cir. May. 26, 2021)