Cuevas-Gaspar v. Gonzales, 430 F.3d 1013 (9th Cir. Dec. 7, 2005) (issue not raised is waived); Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912, 919 (9th Cir. 2001) (explaining that issue not raised and argued in partys opening brief is waived).
http://caselaw.lp.findlaw.com/data2/circs/9th/0373562p.pdf