Mauricio Lopez-Cruz v. Loretta E. Lynch

MEMORANDUM

Mauricio Lopez-Cruz, a native and citizen of Mexico, 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”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We re view for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir.2008), and we deny the petition for review.

Lopez-Cruz does not challenge, the agency’s determination that his untimely asylum application was not excused by changed or extraordinary circumstances. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (issues not supported by argument are deemed abandoned). In light of this dispositive determination, we do not reach Lopez-Cruz’s contentions regarding the merits of his asylum claim, and deny the petition as to Lopez-Cruz’s asylum claim.

We lack jurisdiction to consider Lopez-Cruz’s contention that he established past persecution in part based on harm to his family members. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (this court lacks…