BURGOS BORJA v. BARR (2020)

MEMORANDUM **

Alejandra Burgos-Borja, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge's decision denying her application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

To the extent Burgos-Borja, in her opening brief, raises protected grounds that were not raised to the BIA, we lack jurisdiction to consider them. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).

In her opening brief, Burgos-Borja does not challenge the BIA's dispositive determinations that her proposed social groups were not cognizable and that she did not establish the necessary state action for CAT relief. 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 her withholding of removal and CAT claims.

As stated in the court's June 6, 2019 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DISMISSED in part; DENIED in part.