Marvin Clavel v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Marvin Clavel v. Loretta E. Lynch, 667 F. App'x 171 (9th Cir. 2016)

Marvin Clavel v. Loretta E. Lynch

Opinion

MEMORANDUM **

Marvin Clavel, a native and citizen of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings, Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008), and we deny in part and dismiss in part the petition for review.

We lack jurisdiction to consider the social group Clavel proposes for the first time in his opening brief. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (petitioner must exhaust claims in administrative proceedings below). Further, substantial evidence supports the BIA’s conclusion that Clavel failed to argue a protected ground was a central reason for the harm he experienced in the past and fears in the future. See Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009) (Under the REAL ID, applicant must prove that a protected ground represents ‘one central reason’ for persecution). Thus, his withholding of removal claim fails.

Finally, Clavel makes no arguments challenging the agency’s denial of his CAT claim. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996) (“Issues raised in a brief that are not supported by argument are deemed abandoned.”).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,

Reference

Full Case Name
Marvin CLAVEL, AKA Marvin Stanly Clavel Rodriguez, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished