Martinez Moreno v. Holder

FILED
NOT FOR PUBLICATION MAR 01 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MORENA LIZETH MARTINEZ- No. 08-70704
MORENO,
Agency No. A097-815-413
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 15, 2011 **
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Morena Lizeth Martinez-Moreno, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ 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
*
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).
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo
questions of law and for substantial evidence factual findings. Wakkary v. Holder,
558 F.3d 1049, 1056 (9th Cir. 2009). We deny in part and dismiss in part the
petition for review.
Substantial evidence supports the BIA’s finding that Martinez-Moreno failed
to show that her father’s kidnaping and death support her own claim for asylum or
withholding of removal. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir.
2009) (“[t]he Real ID Act requires that a protected ground represent ‘one central
reason’ for an asylum applicant’s persecution”); Wakkary, 558 F.3d at 1060
(failure to show harm to others was “part of a pattern of persecution closely tied
to” petitioner himself) (internal quotation and citation omitted). We decline to
consider the threats Martinez-Moreno’s mother received because the BIA only
addressed the kidnaping and death of Martinez-Moreno’s father, see Ramirez-
Altamirano v. Holder, 563 F.3d 800, 804 (9th Cir. 2009) (court’s review limited to
actual grounds BIA relied on), and Martinez-Moreno does not contend the BIA
erred by failing to consider these threats as a ground for past persecution, see
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not raised
and argued in a party’s opening brief are waived). Accordingly, we deny the
petition as to Martinez-Moreno’s asylum and withholding of removal claims.
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Martinez-Moreno has not made any argument with respect to the agency’s
denial of CAT relief. See Martinez-Serrano, 94 F.3d at 1259-60.
We lack jurisdiction to consider Martinez-Moreno’s claim that the agency
erred in not administratively closing her case. See Diaz-Covarrubias v. Mukasey,
551 F.3d 1114, 1115 (9th Cir. 2009). We therefore dismiss her petition as to this
claim. We also reject her related contention that the agency violated her equal
protection rights.
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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