Ana Elizabeth Mendez-De Mendez; v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANA ELIZABETH MENDEZ-DE
MENDEZ; et al.,
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 20-70523
Agency Nos. A099-466-665
A208-452-463
A208-452-464
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 1, 2022**
Before: FRIEDLAND, SANCHEZ, and H. THOMAS, Circuit Judges
Ana Elizabeth Mendez-De Mendez, and her two sons, natives and citizens of
El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”)
order dismissing their appeal from an immigration judge’s (“IJ”) decision denying
their applications for asylum, withholding of removal, and protection under the
* 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
JUN 10 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 20-70523
Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C.
§ 1252. We review de novo questions of law, including due process challenges.
Young Sun Shin v. Mukasey, 547 F.3d 1019, 1023 (9th Cir. 2008) (citation
omitted). We deny the petition for review.
In their counseled opening brief, petitioners argue that the BIA erred in
adopting the IJ’s adverse credibility determination. This argument is unavailing
because the BIA expressly presumed petitioners credible and denied their
applications for asylum, withholding of removal, and protection under CAT on the
merits. Petitioners have waived any challenges to the BIA’s dispositive merits
determinations by failing to raise them in the opening brief, and their asylum,
withholding, and CAT claims therefore fail. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a
party’s opening brief are waived).
PETITION FOR REVIEW DENIED.

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