Opinion
15-72188
05-26-2022
DIEGO ADONIS VASQUEZ-SALVADOR, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
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 No. A095-810-150
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
MEMORANDUM
Diego Adonis Vasquez-Salvador, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from 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 dismiss in part and deny in part the petition for review.
To the extent Vasquez-Salvador challenges the agency's denial of asylum, we lack jurisdiction to consider this claim where Vasquez-Salvador did not exhaust it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (petitioner must exhaust issues or claims in administrative proceedings below).
In his opening brief, Vasquez-Salvador does not raise, and therefore waives, any challenge to the dispositive grounds relied on by the agency in denying his claims for withholding of removal and relief under CAT. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in an opening brief are waived).
The temporary stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).