NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 14 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILFREDO MARTINEZ LOPEZ, No. 20-71140 Petitioner, Agency No. A206-679-806 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted October 12, 2021** Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges. Wilfredo Martinez Lopez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We * 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). deny the petition for review. In his opening brief, Martinez Lopez does not challenge the agency’s dispositive conclusion that he failed to establish his membership in a cognizable particular social group as to the proposed social groups that he raised before the IJ. 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). We do not consider Martinez Lopez’s social group claim based on his testimony that he witnessed the murder of his friend in Guatemala, because the BIA did not decide the issue, see Santiago-Rodriguez v. Holder, 657 F.3d 820, 829 (9th Cir. 2011) (review limited to the grounds relied on by the BIA), and Martinez Lopez does not contend the BIA erred in finding that this social group claim was not properly before it, see Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver). Thus, we deny the petition for review as to Martinez Lopez’s asylum and withholding of removal claims. The temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 20-71140 20-71140 Court of Appeals for the Ninth Circuit ca9 9th Cir. Wilfredo Martinez Lopez v. Merrick Garland 14 October 2021 Agency Unpublished 6d738d9429795168aa9702e1c90bcf4934b6aaed
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