Gemartino

*512 MEMORANDUM **

Ignacio Atilano Gemartino, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order affirming without opinion an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We deny in part and grant in part the petition for review, and remand.

In his opening brief, Atilano Gemartino fails to address, and therefore has waived any challenge to, the IJ’s determination that he was statutorily ineligible for cancellation of removal for failure to establish good moral character because he admitted he paid an alien smuggler to help his wife unlawfully enter the United States. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding issues which are not specifically raised and argued in a party’s opening brief are waived).

Atilano Gemartino’s equal protection challenge to the Nicaraguan Adjustment and Central American Relief Act (“NA-CARA”) is foreclosed by our decision in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (“Congress’s decision to afford more favorable treatment to certain aliens ‘stems from a…