NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 26 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR ANTONIO RODRIGUEZ- No. 17-70037 ARTERO, Agency No. A206-086-902 Petitioner, v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 22, 2018** Before: SILVERMAN, GRABER, and GOULD, Circuit Judges. Oscar Antonio Rodriguez-Artero, a native and citizen of El Salvador, 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 and withholding of removal. Our jurisdiction is governed * 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). by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for review. The BIA found that Rodriguez-Artero’s proposed social group of Salvadorian bus drivers was not cognizable. In his appeal to this court, Rodriguez- Artero raises only arguments about the cognizability of the social group of former El Salvadorian bus drivers. We lack jurisdiction to consider Rodriguez-Artero’s newly proposed social group because he did not raise it in his appeal to the BIA. Abebe v. Mukasey, 554 F.3d 1203, 1208 (9th Cir. 2009) (petitioner exhausts “only those issues he raised and argued in his brief before the BIA”). Apart from proposing a new social group, Rodriguez-Artero does not otherwise challenge the BIA’s dispositive cognizability finding. 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). Thus, we deny the petition as to Rodriguez-Artero’s asylum and withholding claims. PETITION FOR REVIEW DISMISSED in part; DENIED in part. 2 17-70037 17-70037 Court of Appeals for the Ninth Circuit ca9 9th Cir. Oscar Rodriguez-Artero v. Jefferson Sessions, III 26 October 2018 Agency Unpublished cb7ff099358070bd24efed696d43d47528739467
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