Lizselda Lopez Martinez v. William Barr
Lizselda Lopez Martinez v. William Barr
Opinion
NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT LIZSELDA LOPEZ MARTINEZ; et al., No. 18-70821
Petitioners, Agency Nos. A208-594-150
A208-594-151 v. A208-594-152 WILLIAM P. BARR, Attorney General,
MEMORANDUM*
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 3, 2020** Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Lizselda Lopez Martinez and her minor children, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture
*
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.
In their opening brief, petitioners do not challenge the agency’s dispositive bases for denying their claims for asylum, 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 a party’s opening brief are waived). Thus, we deny the petition for review as to their asylum, withholding of removal, and CAT claims.
We lack jurisdiction to consider petitioners’ contentions regarding any newly proposed particular social group because they were not raised to the agency. 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.
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Reference
- Status
- Unpublished