Vargas

MEMORANDUM **

Sergio A. Vargas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his applications for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). Except as otherwise stated, we have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of constitutional violations in immigration proceedings. See Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We dismiss in part and deny in part the petition for review.

In his opening brief, Vargas fails to address, and therefore has waived any challenge to, the BIA’s determination that he is ineligible for asylum, withholding of removal and protection under CAT. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding that issues which are not specifically raised and argued in a party’s opening brief are waived).

Instead, Vargas challenges the agency’s decision to commence removal rather than deportation proceedings against him, a challenge we lack jurisdiction to review. See 8 U.S.C. § 1252 (g); Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th…