United States v. 2020-03-09 | 18-70821 | LIZSELDA LOPEZ MARTINEZ V. WILLIAM BARR | nonprecedential | memorandum disposition |

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LIZSELDA LOPEZ MARTINEZ; et al.,

Petitioners,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 18-70821

Agency Nos. A208-594-150
A208-594-151
A208-594-152

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted March 3, 2020
**

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.

Lizselda Lopez Martinez and her minor children, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s decision denying their application for
asylum, withholding of removal, and relief under the Convention Against Torture

*
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).
FILED

MAR 9 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2
(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and
dismiss in part the petition for review.
In their opening brief, petitioners do not challenge the agency’s dispositive
bases for denying their claims for asylum, withholding of removal, and relief under
CAT. 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).
Thus, we deny the petition for review as to their asylum, withholding of removal,
and CAT claims.
We lack jurisdiction to consider petitioners’ contentions regarding any
newly proposed particular social group because they were not raised to the agency.
See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks
jurisdiction to review claims not presented to the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.