Augusto Archila v. Eric Holder, Jr.

MEMORANDUM

Augusto Rene Archila, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, 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 review.

We lack jurisdiction to review Archila’s challenge to the agency’s time-bar finding because he failed to raise it to the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (no jurisdiction over claims not presented below).

Archila does not challenge any of the inconsistencies the agency identified, which is a dispositive basis for denying withholding of removal. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in opening brief are waived). In addition, Archila does not make any argument specific to his CAT claim. See id. at 1259 (“Issues raised in a brief that are not supported by argument are deemed abandoned.”). Accordingly, we deny the petition as to Archila’s withholding of removal…