Dolores Antonia Lara-Cruz; Jose Alfredo Madrid-Lara v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOLORES ANTONIA LARA-CRUZ;
JOSE ALFREDO MADRID-LARA,
Petitioners,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 15-71384
Agency Nos. A087-537-497
A087-537-498
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 30, 2021**
Before: GRABER, FRIEDLAND, and BENNETT, Circuit Judges.
Dolores Antonia Lara-Cruz (“Lara-Cruz”), a native and citizen of Honduras,
petitions for review of the Board of Immigration Appeals’ (“BIA”) order
dismissing her appeal from an immigration judge’s decision denying her
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 2 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 15-71384
application for asylum, withholding of removal, and protection under the
Convention Against Torture (“CAT”).1 Our jurisdiction is governed by 8 U.S.C.
§ 1252. We dismiss the petition for review.
Lara-Cruz does not challenge the agency’s denial of her application for
asylum as time-barred, nor does she challenge the agency’s denial of CAT
protection. She did not raise the timeliness of her asylum application in her appeal
to the BIA, and she did not raise either issue in her opening brief to this court. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (the court lacks
jurisdiction to review unexhausted claims); Martinez-Serrano, 94 F.3d at 1259-60.
We lack jurisdiction to consider Lara-Cruz’s arguments regarding the
agency’s adverse credibility determination because she did not adequately raise the
issue of credibility before the BIA. See Barron, 358 F.3d at 677-78; Sola v.
Holder, 720 F.3d 1134, 1135-36 (9th Cir. 2013) (per curiam).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DISMISSED.
1 Jose Alfredo Madrid-Lara (“Madrid-Lara”) is Lara-Cruz’s son. Lara-Cruz and
Madrid-Lara have waived any arguments related to Madrid-Lara’s application for
asylum, withholding of removal, and CAT protection. Martinez-Serrano v. INS,
94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in
a party’s opening brief are “deemed waived”).

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