Opinion
No. 07-71328.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
JULY 7, 2010.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A046-790-055.
Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Franklin Agustin Garcia-Aucca, native and citizen of Peru, petitions for review of the Board of Immigration Appeals' ("BIA") order summarily affirming the immigration judge's ("IJ") denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). Our jurisdiction is governed by 8 U.S.C. § 1252. See Bromfield v. Mukasey, 543 F.3d 1071, 1075 (9th Cir. 2008) (holding that the jurisdiction stripping provision found at 8 U.S.C. § 1242(a)(2)(C) applies only to removal orders, not to applications for asylum, withholding of removal, or CAT relief). We dismiss in part and deny in part the petition for review.
We lack jurisdiction to review Garcia-Aucca's contention that BIA abused its discretion in declining to accept his untimely brief. See Zeitano v. Holder, 596 F.3d 517, 524-25 (9th Cir. 2010).
Garcia-Aucca does not challenge the BIA and IJ's denial of his asylum, withholding of removal, and CAT claims, and has therefore waived these issues. See Martinez-Serranno v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) ("Issues raised in a brief that are not supported by argument are deemed abandoned.").
PETITION FOR REVIEW DISMISSED in part; DENIED in part.