Aghajani

MEMORANDUM ***

Vaichik Aghajani, a native and citizen of Iran, petitions for review of the Board, of Immigration Appeals’ (“BIA”)' decision, which affirmed the Immigration Judge’s (“IJ”) order denying his application for asylum, withholding of removal and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 .

‘Where, as here, the BIA adopts the IJ’s decision while adding its own reasons, we review both decisions.” See Kataria v. INS, 232 F.3d 1107, 1112 (9th Cir.2000). We review for substantial evidence, Nagoulko v. INS, 333 F.3d 1012, 1015 (9th Cir.2003), and we deny this petition for review.

The government contends that because Aghajani’s opening brief failed to challenge the IJ’s denial of asylum based on Aghajani’s failure to comply with fingerprint processing requirements, Aghajani has waived the issue. We agree. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996). The IJ’s fingerprint processing determination is dispositive of Aghajani’s eligibility for asylum.

The government also contends that Aghajani is not eligible for withholding of removal because Aghajani failed to establish a clear probability of…