FILED
NOT FOR PUBLICATION OCT 01 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRUNO LEAL BORRAS, No. 11-70599
Petitioner, Agency No. A093-454-125
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 23, 2014**
Before: W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
Bruno Leal Borras, a native and citizen of Brazil, 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 protection under the Convention Against Torture (“CAT”). Our
*
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).
jurisdiction is governed by 8 U.S.C. § 1252. We dismiss in part and deny in part
the petition for review.
We lack jurisdiction to consider Borras’s asylum and CAT claims because
he failed to raise them to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th
Cir. 2004).
The BIA found that, even if Borras demonstrated membership in a particular
social group, he failed to establish his membership in the particular social group
was or will be a “central reason” for the harm he suffered or fears. Borras does not
raise any arguments challenging this determination in his opening brief. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues which are
not specifically and distinctly raised and argued in a party's opening brief are
waived). Thus, Borras’s withholding of removal claim fails.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 11-70599