COZ PAXTOR v. GARLAND (2021)

MEMORANDUM **

Francisco Coz Paxtor petitions for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal of an immigration judge (“IJ”) 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.