Maria Lopez v. Eric Holder, Jr.

MEMORANDUM

Maria Estella Lopez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her application for withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review for substantial evidence factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny the petition for review.

In her opening brief, Lopez concedes the agency’s dispositive determination that her asylum claim was untimely and fails to challenge the agency’s denial of her CAT claim. See Ghahremani v. Gonzales, 498 F.3d 993, 997-8 (9th Cir.2007) (issues not raised and argued in the opening brief are deemed waived).

We reject Lopez’s claim that she is eligible for withholding of removal based on her fear of gang violence or based on…