Alejandra Burgos-Borja v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEJANDRA BURGOS-BORJA, No. 19-70836
Petitioner, Agency No. A076-662-345
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 2, 2020**
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Alejandra Burgos-Borja, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an
immigration judge’s decision denying her application for withholding of removal
and protection under the Convention Against Torture (“CAT”). Our jurisdiction is
governed by 8 U.S.C. § 1252. We dismiss in part and deny in part the petition for
*
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).
review.
To the extent Burgos-Borja, in her opening brief, raises protected grounds
that were not raised to the BIA, we lack jurisdiction to consider them. See Barron
v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004).
In her opening brief, Burgos-Borja does not challenge the BIA’s dispositive
determinations that her proposed social groups were not cognizable and that she
did not establish the necessary state action for CAT relief. 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 her withholding of removal and CAT claims.
As stated in the court’s June 6, 2019 order, the temporary stay of removal
remains in place until issuance of the mandate.
PETITION FOR REVIEW DISMISSED in part; DENIED in part.
2 19-70836