Pineda

Pineda v. Holder

Good Law
357 F. App'x 740
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 07-73338California354 words

Opinion

Lead Opinion

MEMORANDUM **

Fernando Romero Pineda, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 findings of fact, and we review de novo legal determinations. Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny the petition for review.

Substantial evidence supports the BIA’s conclusion that the harm Pineda experienced in Guatemala was not severe enough to warrant a grant of humanitarian asylum. See Kumar v. INS, 204 F.3d 931, 934-35 (9th Cir.2000). In his opening brief, Pineda fails to challenge the BIA’s findings that even assuming he suffered *741 past persecution, he no longer has a well-founded fear of persecution in light of changed country conditions and that he has not otherwise established a well-founded fear. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir.1996) (issues not specifically raised and argued in a party’s opening brief are waived).…

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