Sonia Padilla-Castillo v. Eric Holder, Jr.

MEMORANDUM

Sonia Padilla-Castillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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 the agency’s factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006), and we deny the petition for review.

Padilla-Castillo failed to raise any substantive challenge to the agency’s determination that her asylum application was untimely. 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, we deny the petition as to her asylum claim.

Substantial evidence supports the agency’s finding that Padilla-Castillo failed to establish past persecution because she did not demonstrate that she suffered domestic abuse in Mexico, the country of removal. See 8 C.F.R. § 1208.16 (b)(1); Gonzalez-Medina v. Holder, 641 F.3d 333, 338 (9th Cir.2011) (domestic abuse-that occurred in the…