Laura Tovar-Camacho v. Eric Holder, Jr.

Good Law
598 F. App'x 530
United States Court of Appeals for the Ninth CircuitMarch 18, 201511-70140California323 words

Opinion

Opinion

MEMORANDUM

Santos Melvin Mendoza-Mejano, 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 (“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 deny in part and grant in part the petition for review, and we remand.

Mendoza-Mejano does not challenge the BIA’s finding that he abandoned his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (issues not supported by argument are deemed waived). Thus, we deny the petition for review as to his CAT claim.

In denying Mendoza-Mejano’s asylum and withholding of removal claims, the agency found he failed to establish past persecution or a fear of future persecution on account of a protected ground. When the IJ and BIA issued their decisions in this case, they did not have the benefit of this court’s decisions in Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir.2013) (en banc), Cordoba v. Holder, 726 F.3d 1106 (9th Cir.2013), and Pirir-Boc v. Holder, 750 F.3d 1077 (9th Cir.2014),…

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