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

Santos Ake-Colli v. Eric H. Holder Jr.

Santos Ake-Colli v. Eric H. Holder Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided July 21, 2011 · Schroeder, Alarcón, Leavy
444 F. App'x 216

Santos Ake-Colli v. Eric H. Holder Jr.

Opinion

MEMORANDUM **

Hennadiy Zaporozhets, a native and citizen of Ukraine, petitions for review of the Board of Immigration Appeals’(“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and relief under the Convention Against Torture. Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

In his opening brief, Zaporozhets fails to address, and therefore has waived any challenge to, the agency’s denial of his application for relief. 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).

We lack jurisdiction to review Zaporo-zhets’s contention regarding receipt of a list of free legal services programs because he failed to raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th *217 Cir. 2004) (noting that procedural due process claims must be exhausted).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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