Roxana Maribel Nolasco-Alvarez v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION JAN 19 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROXANA MARIBEL NOLASCO- No. 08-74114
ALVAREZ,
Agency No. A098-559-156
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
**
Submitted January 11, 2010
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Roxana Maribel Nolasco-Alvarez, a native and citizen of El Salvador,
petitions for review from the Board of Immigration Appeals dismissal of her
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jlf/Inventory
appeal from the immigration judge’s denial of her applications for withholding of
removal and relief under the Convention Against Torture (“CAT”). The BIA noted
that petitioner was not eligible for asylum based on her failure to file a timely
asylum application. The BIA denied petitioner’s applications for withholding of
removal and CAT based on her failure to establish persecution or the likelihood of
torture in El Salvador.
Petitioner contends that the BIA erred by denying her application for asylum
based on her failure to establish past persecution or a well-founded fear of future
persecution. Petitioner alleged fear of gang activity in El Salvador.
Petitioner does not challenge the BIA’s holding that she had failed to file a
timely asylum application, or that an exception to the timeliness requirement
applied, and therefore petitioner has waived any arguments concerning whether she
merited asylum relief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.
1996) (issues not specifically raised and argued in a party’s opening brief are
waived). Petitioner raises no issues before this court concerning the BIA’s denial
of her applications for withholding of removal or relief under the Convention
Against Torture. Petitioner, therefore, fails to raise any issues properly before this
court.
PETITION FOR REVIEW DENIED.
jlf/Inventory 2 08-74114