U.S. Court of Appeals for the Ninth Circuit, 2021

Francisco Coz Paxtor v. Merrick Garland

Francisco Coz Paxtor v. Merrick Garland
U.S. Court of Appeals for the Ninth Circuit · Decided April 15, 2021

Francisco Coz Paxtor v. Merrick Garland

Opinion

FILED NOT FOR PUBLICATION APR 15 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCISCO MAURICIO COZ No. 18-73454 PAXTOR, AKA Juan Coschavez, AKA Mauricio Coz, Agency No. A206-408-493 Petitioner, MEMORANDUM* v. MERRICK B. GARLAND, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 13, 2021** San Francisco, California Before: THOMAS, Chief Judge, and R. NELSON and HUNSAKER, Circuit Judges.

Francisco Coz Paxtor petitions for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge (“IJ”) * 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). decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252, and we deny the petition.

Coz Paxtor waived his claims for withholding of removal and CAT relief by failing to specifically and distinctly argue those claims in the opening brief. See Austin v. Univ. of Or., 925 F.3d 1133, 1139 (9th Cir. 2019) (“Generally, an issue is waived when the appellant does not specifically and distinctly argue the issue in his or her opening brief.” (citation omitted)).

Coz Paxtor waived review of his asylum claim by failing to support his arguments with citations to any record evidence. See Fed. R. App. Proc. 28(a)(8) (requiring appellant’s opening brief to contain “citations to the authorities and parts of the record on which the appellant relies”); Martinez-Serrano v. INS, 94 F.3d 1256, 1259–60 (9th Cir. 1996) (applying rule to opening brief in support of petition for review).

PETITION DENIED.

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