Dina Rabanales-Fuentes v. Loretta E. Lynch

MEMORANDUM

Dina Azucena Rabanales-Fuentes, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“U”) decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims and we review for substantial evidence the agency’s factual findings. Vilchez v. Holder, 682 F.3d 1195, 1198-99 (9th Cir. 2012). We deny in part and dismiss in part the petition for review.

Contrary to Rabanales-Fuentes’s contention, the BIA did not streamline her case.

Rabanales-Fuentes does not challenge the agency’s dispositive finding that her asylum application is time-barred. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically raised and argued in a party’s opening brief are waived). Thus, we deny the petition as to Rabanales-Fuentes’s asylum claim.

Substantial evidence supports the agency’s determination that Rabanales-Fuentes failed to establish past persecution or a likelihood of future persecution from gangs on…