Alvaro Diaz v. Eric Holder, Jr.
Opinion
Opinion
MEMORANDUM
Alvaro Diaz, a native and citizen of Guatemala, petitions 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 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, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and grant in part the petition for review, and we remand.
We reject Diaz’s contentions regarding streamlining because the BIA did not issue a streamlined decision.
Diaz has not challenged the agency’s finding that his application for asylum is untimely. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not supported by argument are deemed waived). Thus, we deny the petition for review as to his asylum claim.
Substantial evidence supports the agency’s denial of CAT relief because Diaz failed to establish- that it is more likely than not he will be tortured if returned to Guatemala. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir.2011).