Merek Klobuchowski, Petitioner, v. Immigration and Naturalization Service, Respondent, 56 F.3d 71 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 56 F.3d 71 (9th Cir. 1995) Submitted May 16, 1995. *Decided May 18, 1995

On Petition for Review of an Order of the Board of Immigration Appeals, INS No. A28-463-532



Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges


Merek Klobuchowski, a native and citizen of Poland, petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from a decision of an immigration judge ("IJ") denying his applications for asylum and withholding of deportation.

"It is well established in this Circuit that claims which are not addressed in the appellant's brief are deemed abandoned." Collins v. City of San Diego, 841 F.2d 337, 339 (9th Cir. 1988); accord Calderon-Ontiveros v. INS, 809 F.2d 1050, 1052 (5th Cir. 1986). Here, Klobuchowski has failed to raise in his opening brief any issues regarding the propriety of the BIA's dismissal of his appeal. Klobuchowski has, moreover, made no reply in this court to the government's argument that he has waived the right to challenge the BIA's decision by failing to raise any issues regarding the BIA's decision in his opening brief. We therefore conclude that Klobuchowski has waived his right to challenge the BIA's dismissal of his appeal. See Collins, 844 F.2d at 339.

In addition, "this court's review is limited to the decision of the BIA." Elnager v. INS, 930 F.2d 784, 787 (9th Cir. 1991). Thus, we decline to consider Klobuchowski's direct challenge to the IJ's decision. See id.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4. The government's request for oral argument is denied


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3