NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LAZARO SANTOS HERNANDEZ,

Petitioner,

v. MERRICK B. GARLAND, Attorney General, Respondent. No. 23

- 1694 Agency No. A216

- 196

- 778

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted July 2 , 2024 **

Before: OWENS, LEE, and BUMATAY, Circuit Judges

. Lazaro Santos Hernandez, a native and citizen of Mexico , petitions for review

of a B oard of Immigration Appeals (“BIA”) decision affirming the order of an Immigration Judge (“IJ”) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have

* 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 5 2024
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 23

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jurisdiction to review the BIA decision under 8 U.S.C. § 1252.

“ We review questions of law

. . . de novo. ” Macedo Templos v. Wilkinson , 987 F.3d 877, 879 (9th Cir. 2021). We review findings of fact for substantial evidence and uphold the agency’s decision “unless the evidence compels a contrary
result.” Budiono v. Lynch , 837 F.3d 1042, 1046 (9th Cir. 2016) (simplified). “Where, as here, the BIA agrees with the IJ decision and also adds its own reasoning, we review the decision of the BIA and those parts of the IJ’s decision upon which it
relies.” Duran

- Rodriguez v . Barr , 918 F.3d 1025, 1027

– 28 (9th Cir. 2019). We deny the petition

. 1. Santos Hernandez abandoned any challenge to the merits of the B IA’s

denial of his application for asylum, withholding of removal, and protection under

the regulations implementing the C AT because he fails to address them in his opening brief

. “ Issues raised in a brief that are not supported by argument are

deemed abandoned ” as are issues not raised at all

. Martinez

- Serrano v. I.N.S

. , 94 F.3d 1256, 1259 (9th Cir. 1996) ( simplified ); see also Fed. R. App. P. 28(a)(8)(A) ( explaining an a

ppellant’s brief must contain “ appellant's contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relie s”).

2. Santos Hernandez ’ s new claim of eligibility for cancellation of removal is

unexhausted and therefore is denied

. “ Exhaustion requires a non

- constitutional legal3 23

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claim to the court on appeal to have first been raised in the administrative proceedings below, and to have been sufficient to put the BIA on notice of what was being challenged.” Umana

- Escobar v. Garland , 69 F.4th 544, 550 (9th Cir. 2023) ( simplified )

. Santos Hernandez did not raise a cancellation of removal claim before this appeal and thus it was not exhausted. We accordingly decline to consider the

new claim.

3. Santos Hernandez also claims for the first time on appeal that t he Nicaraguan Adjustment and Central American Relief Act ( “ NACARA ” ) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( “ IIRIRA ” ) violate the Equal Protection Clause by treating aliens of different nationalities differently. This claim need not be exhausted as “ [e] xhaustion requires a non
constitutional l egal claim .” Id. ( simplified ). NACARA does not violate the Equal

Protection Clause

. “NACARA easily satisfies the rational basis test,

because

. . . Congress's decision to afford more favorable treatment to certain aliens stems from a rational diplomatic decision to encourage such aliens to remain in the
United States.” Jimenez

- Angeles v. Ashcroft , 291 F.3d 594, 603 (9th Cir. 2002) (simplified)

. That IIRIRA holds aliens of a different nationality to a different

standard than the NACARA is therefore likewise rational. See id.

4 . The BIA properly articulated its reasoning denying Santos Hernandez ’ s
request

. Santos Hernandez argue s “ that the BIA failed to fully articulate its reasons4 23

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for the denial

. ” But the BIA explicitly “ adopt [ed] and affirm [ed] the decision of the Immigration Judge for the reasons stated therein ,” and further elaborated on its reasoning

. S

ee Ramirez

- Gonzalez v. I.N.S. , 695 F.2d 1208, 1213 (9th Cir. 1983) (denying claim that the BIA failed fully to articulate its reasoning where the record shows the BIA adopted the reasoning of the IJ ).

PETITION DENIED.