Carlos Escalante-Flores v. Loretta E. Lynch

MEMORANDUM

Walter Oswaldo Valdez-Lara, 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 (“U”) decision denying his application for 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 the agency’s factual findings, applying the standards governing adverse credibility determinations created by the REAL ID Act. Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir.2010). We dismiss in part and deny in part the petition for review.

Valdez-Lara does not challenge the BIA’s finding that he waived any challenge to the IJ’s denial of his withholding of removal claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). To the extent Valdez-Lara’s opening brief challenges the denial of withholding of removal, we lack jurisdiction to consider those contentions. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir.2004). In addition, Valdez-Lara did not apply for asylum or cancellation of removal, so we lack jurisdiction to review any contentions in…