Ephantus Kanyiri v. Eric Holder, Jr.

MEMORANDUM

Kyu Pyo Han, a native and citizen of South Korea, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we review de novo claims of due process violations, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.

Although Han contends he has a well-founded fear of persecution, he does not challenge the agency’s dispositive findings that he is statutorily ineligible for asylum due to his untimely application and aggravated felony conviction. 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). Accordingly, Han’s asylum claim fails.

Further, although Han contends he established a clear probability of persecution by loan sharks in South Korea, he does not challenge the agency’s dispositive finding that he failed to establish a nexus…