the IJ held that Daud had not established the required nexus between the alleged persecution and any of the statutory grounds meriting asylum protection: race, religion, nationality, membership in a particular social group, or political opinion. 3 . Daud's claim that NSEERS discriminates on the basis of religion is incorrect. For example, North Korea, a non-Islamic country, is subject to NSEERS while Turkey, a predominantly Islamic country, is not. NSEERS does, however, apply only to individuals of certain nationalities or places of origin. 4 . The government also contends that, apart from the exhaustion requirement, Daud’s failure to assert his constitutional claims to the BIA constitutes a waiver of those arguments. See, e.g., In re Surrick, 338 F.3d 224, 237 (3d Cir.2003) (<HOLDING>); Brenner v. Local 514, United Bhd. of
holding that failure to raise issue in brief constitutes waiver of appeal of the issue holding failure to brief argument constitutes waiver holding that the failure to identify or argue an issue in an opening brief constitutes waiver of that argument on appeal holding that failure to brief an argument constitutes waiver holding that failure to raise an issue in an opening brief waives that issue