LARA CRUZ v. GARLAND (2021)

MEMORANDUM **

Dolores Antonia Lara-Cruz (“Lara-Cruz”), a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge's decision denying her application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”).¹ Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss the petition for review.

Lara-Cruz does not challenge the agency's denial of her application for asylum as time-barred, nor does she challenge the agency's denial of CAT protection. She did not raise the timeliness of her asylum application in her appeal to the BIA, and she did not raise either issue in her opening brief to this court. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (the court lacks jurisdiction to review unexhausted claims); Martinez-Serrano, 94 F.3d at 1259-60.

We lack jurisdiction to consider Lara-Cruz's arguments regarding the agency's adverse credibility determination because she did not adequately raise the issue of credibility before the BIA. See Barron, 358 F.3d at 677-78; Sola v. Holder, 720 F.3d 1134, 1135-36 (9th Cir. 2013) (per curiam).

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DISMISSED.

FOOTNOTES

1.   Jose Alfredo Madrid-Lara (“Madrid-Lara”) is Lara-Cruz's son. Lara-Cruz and Madrid-Lara have waived any arguments related to Madrid-Lara's application for asylum, withholding of removal, and CAT protection. 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 “deemed waived”).