Merkle

MEMORANDUM ***

On August 20, 1998, Petitioner received a certificate of appealability (“COA”) that allowed him to raise two issues: 1) whether “this case should be remanded to the district court for amendment of [his] petition to include newly-asserted, unexhausted claims of ineffective assistance of counsel”; and 2)“ whether counsel was ineffective and [Petitioner’s] Fifth Amendment rights were violated when counsel faded to object to admission of [Petitioner’s] allegedly involuntary confessions on police deception grounds.”

Petitioner expressly declined to address the second issue. See Grey Br. at 2 n. 1 (“Respondent also addresses the other issue certified for appeal, but [Petitioner] did not address that issue in the Opening Brief, [sic] and will not address it here.” (internal citation omitted)); see also Red Br. at 21-23. Consequently, Petitioner has waived that issue. See, e.g., Armentero v. I.N.S., 412 F.3d 1088, 1095 (9th Cir.2005) (“Failure to raise an argument in an opening brief constitutes waiver.”); Mendoza v. Block, 27 F.3d 1357, 1363 (9th Cir.1994) (similar); see also Fed. R.App. P. 28(a)(9)(A).

Similarly, Petitioner has waived any argument as to the first issue…