Anatoliy Orlov v. Eric Holder, Jr.

MEMORANDUM

Anatoliy Antolievich Orlov, a native of Russia and citizen of Bulgaria, petitions pro se 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part and grant in part the petition, and we remand.

In his opening brief, Orlov does not challenge the agency’s denial of his asylum claim as untimely or the agency’s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in an opening brief are waived). Thus, we deny the petition as to Orlov’s asylum and CAT claims.

We reject Orlov’s contention that the IJ failed to provide him with a full and fair opportunity to present his claims. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring…