Gutierrez

MEMORANDUM **

Carlos Antonio Gutierrez, a native and citizen of El Salvador, petitions for review *266 of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, protection under the Convention Against Torture (“CAT”), and for a waiver of inadmissibility under INA § 212(h). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence findings of fact, Hoxha v. Ashcroft, 319 F.3d 1179 , 1182 n. 4 (9th Cir.2003), and de novo questions of law, De Martinez v. Ashcroft, 374 F.3d 759, 761 (9th Cir.2004). We deny the petition for review.

The agency found that Gutierrez was not eligible for asylum based on his conviction of an aggravated felony. Gutierrez does not challenge this dispositive determination in his opening brief.

Substantial evidence supports the agency’s denial of withholding of removal because Gutierrez failed to demonstrate it is more likely than not he would be persecuted if returned to El Salvador. See Hoxha, 319 F.3d at 1185 .

Substantial evidence supports the agency’s denial of CAT protection because Gutierrez failed to show it is more…