NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 16 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT VANXAY CHANTHA, AKA Sai Chantah, No. 18-72494 AKA Vancay Chantha, AKA Chantha Sai,

Agency No. A071-021-868

Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General,

Respondent.

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 11, 2019** Before: WALLACE, CANBY, and TASHIMA, Circuit Judges.

Vanxay Chantha, a native and citizen of Laos, petitions for review of the Board of Immigration Appeals’ 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”). We have jurisdiction under 8

*

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

**

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Chantha does not meaningfully challenge the agency’s particularly serious crime determination. 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). See also Maldonado v. Morales, 556 F.3d 1037, 1048 n.4 (9th Cir. 2009) (“Arguments made in passing and inadequately briefed are waived.”). Thus, Chantha’s withholding of removal claim fails.

Substantial evidence supports the agency’s denial of deferral of removal under CAT because Chantha failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Laos. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

2 18-72494