The Ninth Circuit has affirmed the agency’s requirement that a non-citizen file a cross appeal to preserve a challenge to any adverse findings. In this case, the Immigration Judge terminated proceedings due to the existence of a putative Notice to Appear, but also found the petitioner ineligible for withholding of removal and protection under the Convention Against Torture (CAT). The DHS appealed the termination, but the petitioner did not file a cross appeal of the denial of withholding and CAT protection. The Board found those challenges to be waived by failing to file the cross appeal.
The full text of Lopez Hernandez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2023/02/16/20-71956.pdf