Leal

Leal v. Gonzales

Good Law
155 F. App'x 955
United States Court of Appeals for the Ninth CircuitNovember 30, 2005No. 04-71634California272 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Patrocinio Leal, Floridalma Zelayandia De Leal, and Jose Luis Leal, natives and citizens of Guatemala, petition for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Substantial evidence supports the BIA’s denial of asylum and withholding of removal because the record does not compel the conclusion that Leal’s conflict with Guatemalan soldiers was on account of an imputed political opinion. See INS v. Elias-Zacarias, 502 U.S. 478, 483-84 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992); see also Sangha v. INS, 103 F.3d 1482, 1489-90 (9th Cir.1997).

As the Leals failed to raise any argument addressing their request for relief under the CAT in their opening brief, it is deemed waived. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) ( “[A]n issue referred to in the appellant’s statement of the case but not discussed in the body of the opening brief is deemed waived”). We lack jurisdiction to address the…

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