Lopez v. Holder

366 F. App'x 839

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 24, 2010
• Docket: 08-70216
• Status: Unpublished

Opinion

MEMORANDUM **

Josefina Rosario Lopez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her applications for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review the BIA’s discretionary determination that Rosario Lopez failed to show exceptional and extremely unusual hardship to a qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.2003).

In her opening brief, Rosario Lopez fails to address, and therefore has waived any challenge to, the BIA’s denial of her applications for asylum, withholding of removal, and protection under CAT. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (arguments not raised in the opening brief are deemed waived).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.