Gutierrez

Gutierrez v. Holder

Good Law
362 F. App'x 745
United States Court of Appeals for the Ninth CircuitJanuary 20, 2010No. 08-73147California410 words

Opinion

Lead Opinion

MEMORANDUM **

Sandra Yolinda Gutierrez, a native and citizen of Honduras, petitions for review of a Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her 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 de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

Gutierrez failed to raise any substantive arguments in her opening brief with respect to the BIA’s dispositive determination that her asylum claim is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

We reject Gutierrez’ claim that she is eligible for withholding of removal based on membership in a particular social group or on account…

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