Garcia-Galvez

Francisco Rolando Arevalo-Chanax, a native and citizen of Guatemala, petitions for review the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s (“IJ”) denial of 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 review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir.2008), except to the extent that deference is owed to the BIA’s determination of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). We review factual findings for substantial evidence. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider petitioner’s claim that he is a member of a particular social group of young men in Guatemala who are persecuted for refusing to join gangs because he failed to raise the issue in his brief to the BIA. See Barron v. Ashcroft, 858 F.Sd 674, 677-78 (9th Cir.2004).

Substantial evidence supports the agency’s finding that petitioner’s mistreatment by the gang did not occur on…