Suohua Gong v. Eric Holder, Jr.

MEMORANDUM

Jose Exequiel Alvares Catalan, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We dismiss in part and deny in part the petition for review.

Alvares Catalan does not raise any contentions regarding past persecution. 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).

The IJ denied Alvares Catalan’s asylum and withholding of removal claims because he did not articulate a particular social group or otherwise identify a protected ground on the basis of which he fears persecution. See Zetino v. Holder, 622 F.3d 1007, 1015 (9th Cir.2010). We lack jurisdiction to review Alvares Catalan’s contention, raised for the first time before this court, that he is a member of a…