Chamu-Chamuv.Barr

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITMar 15, 2019
No. 18-70034 (9th Cir. Mar. 15, 2019)

No. 18-70034

03-15-2019

ALFONSO CHAMU-CHAMU, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A204-436-509 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: LEAVY, BEA, and N.R. SMITH, Circuit Judges.

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

Alfonso Chamu-Chamu, a native and citizen of Mexico, petitions pro se 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 Against Torture ("CAT"). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review.

In his opening brief, Chamu-Chamu fails to challenge the agency's determination that he did not establish membership in a cognizable social group or a nexus to a protected ground. 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). Chamu-Chamu also fails to challenge the agency's denial of CAT relief. See id. Thus, Chamu-Chamu's asylum, withholding of removal, and CAT claims fail.

To the extent Chamu-Chamu challenges removability, we lack jurisdiction to consider the issue because he did not raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (court lacks jurisdiction to review claims not presented to the agency).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.