Prudensio Calmo-Pablo v. Eric Holder, Jr.

MEMORANDUM

Prudensio Calmo-Pablo, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir.2008). We deny the petition for review.

In his opening brief, Calmo-Pablo does not challenge the agency’s dispositive denial of his asylum claim as untimely. Accordingly, Calmo-Pablo’s asylum claim fails. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed abandoned).

Substantial evidence supports the agency’s finding that Calmo-Pablo failed to establish past persecution. See Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003). Substantial evidence also supports the agency’s finding that Calmo-Pablo failed to establish it is more likely than not he will be persecuted if returned to Guatemala. See Nagoulko, 333 F.3d at 1018 ; Ladha v. INS, 215 F.3d…