NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 14 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILFREDO MARTINEZ LOPEZ, No. 20-71140
Petitioner, Agency No. A206-679-806
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 12, 2021**
Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.
Wilfredo Martinez Lopez, a native and citizen of Guatemala, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal
from an immigration judge’s (“IJ”) decision denying his application for asylum
and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
deny the petition for review.
In his opening brief, Martinez Lopez does not challenge the agency’s
dispositive conclusion that he failed to establish his membership in a cognizable
particular social group as to the proposed social groups that he raised before the IJ.
See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not
specifically raised and argued in a party’s opening brief are waived).
We do not consider Martinez Lopez’s social group claim based on his
testimony that he witnessed the murder of his friend in Guatemala, because the
BIA did not decide the issue, see Santiago-Rodriguez v. Holder, 657 F.3d 820, 829
(9th Cir. 2011) (review limited to the grounds relied on by the BIA), and Martinez
Lopez does not contend the BIA erred in finding that this social group claim was
not properly before it, 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).
Thus, we deny the petition for review as to Martinez Lopez’s asylum and
withholding of removal claims.
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 20-71140