Jose Guzman Pineda v. Eric Holder, Jr.

MEMORANDUM

Jose Guzman Pineda, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) 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 factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and de novo questions of law, Vitug v. Holder, 723 F.3d 1056, 1062 (9th Cir.2013). We deny in part and dismiss in part the petition for review.

Guzman Pineda does not challenge the agency’s dispositive finding that his application for asylum was untimely. Thus, we deny Guzman Pineda’s petition for review with respect to his asylum claim.

Substantial evidence supports the BIA’s finding that Guzman Pineda failed to articulate a particular social group on account of which he fears persecution. Thus, Guzman Pineda’s withholding of removal claim fails.

We lack jurisdiction to consider Guzman Pineda’s CAT claim, because he did not challenge the IJ’s denial of CAT relief in his appeal to the BIA. See…