CARRETO DIAZ v. BARR (2019)

MEMORANDUM **

Kleider Ivan Carreto-Diaz, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Carreto-Diaz’s appeal from an immigration judge’s (“IJ”) decision denying Carreto-Diaz’s 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 deny in part and dismiss in part the petition for review.

In his petition for review, Carreto-Diaz does not challenge the BIA’s determination that the harm he suffered in Guatemala does not rise to the level of persecution, that the social groups he presented to the agency are not cognizable, and that he otherwise failed to establish a nexus between either the harm he suffered or the harm he fears and a protected ground. Thus, he has waived any argument based thereon. 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).

This court lacks jurisdiction to review Carreto-Diaz’s unexhausted claim based on his status as a young male returning to Guatemala after a long residence in the United States. See Barron v. Ashcroft, 358 F.3d 674, 677–78 (9th Cir. 2004).

Thus, Carreto-Diaz’s asylum and withholding of removal claims fail.

Carreto-Diaz does not challenge in his petition for review the BIA’s denial of his CAT claim and thus has waived the issue. See Martinez-Serrano, 94 F.3d at 1259–60.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.