Javier Tueros-De Lama v. Eric Holder, Jr.
Javier Tueros-De Lama v. Eric Holder, Jr.
Opinion
MEMORANDUM **
Javier Angelo Tueros-De Lama, a native and citizen of Peru, 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 protection 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). We deny the petition for review.
Tueros-De Lama does not challenge the agency’s dispositive findings that he is statutorily ineligible for asylum due to his aggravated felony conviction and statutorily ineligible for withholding of removal based on the agency’s determination that his conviction constitutes a particularly serious crime. 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); Bazuaye v. INS, 79 F.3d 118, 120 (9th Cir. 1996) (per curiam) (declining to reach issue raised for the first time in the reply brief). Thus, Tueros-De Lama’s asylum and withholding of removal claims fail.
With respect to CAT relief, substantial evidence supports the agency’s determination that Tueros-De Lama failed to establish it is more likely than not he will be tortured if removed to Peru. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.