Andres

MEMORANDUM **

Pascual Juan Andres, a native and citizen of Guatemala, 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 relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence factual findings, Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006), and we deny the petition for review.

The agency concluded Andres was neither eligible for asylum nor entitled to asylum in the agency’s discretion. The opening brief does not challenge the agency’s dispositive discretionary denial of asylum and has therefore forfeited the issue. Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996).

Substantial evidence supports the agency’s finding that changed country conditions in Guatemala rebut Andres’s presumption of a clear probability of persecution on account of the political opinion imputed to him in the past by the Guatemalan government. See Gonzalez-Hernandez v. Ashcroft, 336 F.3d 995, 998 (9th Cir.2003). Substantial evidence also supports the agency’s finding that…