Lizselda LOPEZ MARTINEZ; et al., Petitioners, v. William P. BARR, Attorney General, Respondent.
Decided: March 09, 2020
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Adolfo Ojeda-Casimiro, Attorney, Ojeda Law, Duvall, WA, for Petitioners Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Aaron Nelson, Trial Attorney, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
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 (“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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