Josefina Rosario Lopez v. ERIC H. HOLDER Jr., Attorney General

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).
SS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEFINA ROSARIO LOPEZ,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 08-70216
Agency No. A096-349-896
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010**
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Josefina Rosario Lopez, a native and citizen of Guatemala, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her
appeal from an immigration judge’s decision denying her applications for asylum,
FILED
FEB 24 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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withholding of removal, protection under the Convention Against Torture
(“CAT”), and cancellation of removal. Our 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 review the BIA’s discretionary determination that
Rosario Lopez failed to show exceptional and extremely unusual hardship to a
qualifying relative. See Romero-Torres v. Ashcroft, 327 F.3d 887, 892 (9th Cir.
2003).
In her opening brief, Rosario Lopez fails to address, and therefore has
waived any challenge to, the BIA’s denial of her applications for asylum,
withholding of removal, and protection under CAT. See Martinez-Serrano v. INS,
94 F.3d 1256, 1259 (9th Cir. 1996) (arguments not raised in the opening brief are
deemed waived).
PETITION FOR REVIEW DISMISSED in part; DENIED in part.

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