Luis Rivera-Torres v. Eric H. Holder Jr.

MEMORANDUM

Luis Rivera-Torres, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum and withholding of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

Rivera-Torres does not challenge the agency’s dispositive finding that his asylum application is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).

The record does not compel the conclusion that the childhood sexual molestation Rivera-Torres suffered or the harm he fears was or will be on account of a pro tected ground. See INS v. Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (to reverse the agency’s finding, “we must find that the evidence not only supports that conclusion, but compels it”) (emphasis in original); Parussimova v. Mukasey, 555 F.3d 734, 740 (9th…