Diego Vasquez-Salvador v. Merrick Garland ( 2022 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 26 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
DIEGO ADONIS VASQUEZ-SALVADOR, No. 15-72188
Petitioner, Agency No. A095-810-150
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 17, 2022**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Diego Adonis Vasquez-Salvador, 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 decision denying his
application for asylum, withholding of removal, and relief under the Convention
*
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).
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 Vasquez-Salvador challenges the agency’s denial of asylum,
we lack jurisdiction to consider this claim where Vasquez-Salvador did not exhaust
it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004)
(petitioner must exhaust issues or claims in administrative proceedings below).
In his opening brief, Vasquez-Salvador does not raise, and therefore waives,
any challenge to the dispositive grounds relied on by the agency in denying his
claims for withholding of removal and relief under CAT. See Lopez-Vasquez v.
Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and
argued in an opening brief are waived).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 15-72188