Ivan Acevedo Hernandez v. Eric Holder, Jr.

MEMORANDUM

Ivan Acevedo Hernandez, native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

In his opening brief, Acevedo Hernandez fails to raise, and therefore waives, any challenge to the agency’s dispositive determinations that he is removable, that he does not qualify for asylum, withholding of removal, or CAT relief, and that he was afforded a full and fair hearing. See Rizk v. Holder, 629 F.3d 1083 , 1091 n. 3 (9th Cir.2011) (a petitioner waives an issue by failing to raise it in the opening brief).

We lack jurisdiction to consider Acevedo Hernandez’s contention that he is eligible for cancellation of removal, because he failed to exhaust this claim before the BIA. See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir.2010) (‘We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before…