Ismael Alvarenga-Garcia v. Eric Holder, Jr.

MEMORANDUM

Ismael Alvarenga-Garcia, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order reinstating removal proceedings and dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and protection under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to consider Alvaren-ga-Garcia’s CAT claim because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). We also lack jurisdiction to consider Alvar-enga-Garcia’s contentions related to political opinion. See id. Alvarenga-Garcia does not otherwise challenge the BIA’s denial of his withholding of removal claim. 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).

We reject Alvarenga-Garcia’s claim that the BIA violated his due process rights by reinstating his removal…