Davila-Diaz

MEMORANDUM **

Celso Antonio Davila-Diaz, a native and citizen of Guatemala, petitions for review *779 of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his 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 findings of fact for substantial evidence, Hoxha v. Ashcroft, 319 F.3d 1179 , 1182 n. 4 (9th Cir.2003), and we review due process claims de novo, Ram v. INS, 243 F.3d 510, 516 (9th Cir.2001). We deny in part and dismiss in part the petition for review.

In his opening brief, Davila-Diaz fails to address and therefore has waived any challenge to the BIA’s one-year bar finding. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996).

Substantial evidence supports the agency’s conclusion that the anonymous threats Davila-Diaz received did not amount to persecution. See Hoxha, 319 F.3d at 1182 . Further, substantial evidence supports the agency’s conclusion that Davila-Diaz failed to establish a clear probability of persecution because his similarly situated family members remain…