Israel Zuleta Hernandez v. Loretta E. Lynch

Good Law
667 F. App'x 171
United States Court of Appeals for the Ninth CircuitJune 22, 201614-71844California383 words

Opinion

Opinion

MEMORANDUM

Israel Zuleta Hernandez, 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 (“U”) decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1262 . We review de novo due process challenges, and review for substantial evidence the agency’s factual findings. Zetino v. Holder, 622 F.3d 1007,1011-12 (9th Cir. 2010) (internal citation omitted). We deny the petition for review.

Although Zuleta Hernandez makes arguments as to the merits of his asylum claim, he does not challenge the BIA’s determination that he failed to contest the IJ’s dispositive finding that he is statutorily ineligible for asylum. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issue not argued in opening brief deemed waived). Thus, we deny the petition as to his asylum claim. Similarly, Zuleta Hernandez references CAT relief without substantively challenging the BIA’s denial of his claim. See id. Thus, we also deny the petition as to his CAT claim.

Substantial evidence supports…

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