Walter Mira v. Eric Holder, Jr.

MEMORANDUM

Walter Mira, a native and citizen of El Salvador, 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, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings. Zehatye v. Gonzales, 458 F.3d 1182 , 1184—85 (9th Cir.2006). We deny the petition for review.

In his opening brief, Mira failed to raise any substantive challenge to either the agency’s determination that his asylum claim was time-barred, or the agency’s denial of his withholding of removal claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived).

Finally, substantial evidence supports the agency’s denial of CAT relief because Mira failed to establish it is more likely than not he would be tortured by or with the acquiescence of the government if returned to El Salvador. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir.2008). Mira contends the agency erred by failing to consider the two…