Nelson Alas-Lemus v. Eric Holder, Jr.

MEMORANDUM

Nelson Alberto Alas-Lemus, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo the BIA’s legal conclusions and review for substantial evidence factual findings. Barrios v. Holder, 581 F.3d 849, 854 (9th Cir.2009). We deny the petition for review.

Alas-Lemus has waived any challenge to BIA’s finding that his asylum application was untimely by failing to argue the issue in his opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (holding that issues not specifically raised and argued in a party’s opening brief are waived).

Even if Alas-Lemus testified credibly, substantial evidence supports the BIA’s denial of Alas-Lemus’ withholding of deportation claim because the threats made against him did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir.2000). Substantial evidence also supports the BIA’s determination that…