U.S. Court of Appeals for the Ninth Circuit, 2011

Okpara v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided January 25, 2011 · Kozinski, Noonan, Silverman

412 F. App'x 946

Counsel

Amos Lawrence, Esq., San Francisco, CA, for Petitioner., Ronald E. Lefevre, Chief Counsel, Office of The District Counsel Department of Homeland Security, San Francisco, CA, John D. Williams, Esq., DOJ-U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Opinion

FILED NOT FOR PUBLICATION JAN 25 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

CHISOM DORATHY OKPARA, No. 07-70419 Petitioner, Agency No. A097-607-454 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 12, 2011** San Francisco, California Before: KOZINSKI, Chief Judge, NOONAN and SILVERMAN, Circuit Judges.

Oµpara has waived any challenge to the BIA's denial of CAT protection by failing to raise the issue in her opening brief. See Husyev v. Muµasey, 528 F.3d 1172, 1183 (9th Cir. 2008).

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. page 2 We affirm the denial of Oµpara's asylum and withholding of removal claims because she waived any challenges to the IJ's finding, adopted by the BIA pursuant to Matter of Burbano, 20 I. & N. Dec. 872, 874 (BIA 1994), that she could reasonably relocate within Nigeria. See Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). Her opening brief states that 'the sole issue on appeal in this case is whether the BIA's adverse credibility determination is supported by substantial evidence.' See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).

But the finding that internal relocation is a reasonable option was a dispositive basis, independent of the adverse credibility determination, for denying asylum and withholding of removal relief. See Melµonian v. Ashcroft, 320 F.3d 1061, 1069 (9th Cir. 2003); Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 999 (9th Cir. 2003); see also INS v. Elias-Zacarias, 502 U.S. 478, 481 & n.1 (1992).

We don't believe that denying Oµpara's petition on waiver grounds would result in 'manifest injustice' to her. Alcaraz v. INS, 384 F.3d 1150, 1161 (9th Cir. 2004).

PETITION DENIED.

FILED Oµpara v. Holder, No. 07-70419 JAN 25 2011 MOLLY C. DWYER, CLERK NOONAN, Circuit Judge, dissenting: U.S . CO U RT OF AP PE A LS

Documentary evidence and credible testimony establish that Oµpara could face forced marriage, rape, and beatings should she return to Nigeria. See Knezevic v. Ashcroft, 367 F.3d 1206, 1214-15 (9th Cir. 2004) (remanding for IJ to consider 8 C.F.R. y 1208.13(b)(3) factors in determining reasonableness of internal relocation).

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

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