Nelson Diaz Benitez v. Eric H. Holder Jr.

MEMORANDUM

Nelson Adalberto Diaz Benitez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Diaz Benitez does not raise any challenge to the agency’s dispositive finding that he is ineligible for asylum due to his conviction for rape. 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 his asylum claim.

Diaz Benitez contends he qualifies for withholding of removal on account of imputed political opinion and membership in two social groups. Substantial evidence supports the agency’s finding that Diaz Benitez did not demonstrate past persecution because the attacks on his uncle and brother were not tied to him. See Wakkary, 558 F.3d at 1060…