Jose Prieto-Hernandez v. Loretta E. Lynch

MEMORANDUM

Petitioner Jose Alberto Prieto-Hernan-dez (“Prieto”) seeks review of the Board of Immigration Appeals’ (the “BIA’s”) dismissal of Prieto’s appeal of the immigration judge’s (“IJ’s”) removal order, which denied and/or pretermitted Prieto’s applications for asylum, withholding of removal, cancellation of removal under the Immigration and Nationality Act (“INA”) and special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (“NACARA”). For the reasons set forth herein, we deny in part and dismiss in part Prieto’s petition for review.

1. The IJ concluded that Prieto had no reasonable expectation of future persecution, which is a predicate to eligibility for both asylum and withholding of removal. Prieto failed to challenge such finding before either the BIA or this Court, and has thus waived any argument to- the contrary. See, e.g., Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006). This waiver strips us of jurisdiction to consider whether the IJ’s determination was supported by substantial evidence, Sola v. Holder, 720 F.3d 1134, 1135 (9th Cir. 2013) (per curiam); 8 U.S.C. § 1252 (d), and renders us unable to grant any…