NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 26 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VIDAL ANTONIO AGUILAR-ROQUE, No. 20-71454 Petitioner, Agency No. A216-440-019 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 18, 2021** Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges. Vidal Antonio Aguilar-Roque, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). * 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). Our jurisdiction is governed by 8 U.S.C. § 1252. We deny in part and dismiss in part the petition for review. Even construed liberally, Aguilar-Roque’s pro se opening brief does not raise any challenge to the denial of his asylum and withholding of removal claims based on an adverse credibility determination. 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). Aguilar-Roque also does not raise any challenge to the agency’s denial of relief under the CAT. See id. We lack jurisdiction to consider Aguilar-Roque’s unexhausted contention that he received ineffective assistance of counsel. 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. 2 20-71454 20-71454 Court of Appeals for the Ninth Circuit ca9 9th Cir. Vidal Aguilar-Roque v. Merrick Garland 26 May 2021 Agency Unpublished 40562fda4b18c18450883bc1461dcf8facc60113
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