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Wilfredo Martinez Lopez v. Merrick Garland
20-71140
| 9th Cir. | Oct 14, 2021
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*1 Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Wilfredo Martinez Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We *2 deny the petition for review.

In his opening brief, Martinez Lopez does not challenge the agency’s dispositive conclusion that he failed to establish his membership in a cognizable particular social group as to the proposed social groups that he raised before the IJ. 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).

We do not consider Martinez Lopez’s social group claim based on his testimony that he witnessed the murder of his friend in Guatemala, because the BIA did not decide the issue, see Santiago-Rodriguez v. Holder , 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the grounds relied on by the BIA), and Martinez Lopez does not contend the BIA erred in finding that this social group claim was not properly before it, see Corro-Barragan v. Holder , 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

Thus, we deny the petition for review as to Martinez Lopez ’s asylum and withholding of removal claims.

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

PETITION FOR REVIEW DENIED.

2 20-71140

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Wilfredo Martinez Lopez v. Merrick Garland
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 14, 2021
Docket Number: 20-71140
Court Abbreviation: 9th Cir.
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