U.S. Court of Appeals for the Ninth Circuit, 2020

Jesus Rojas-Ambriz v. William Barr

Jesus Rojas-Ambriz v. William Barr
U.S. Court of Appeals for the Ninth Circuit · Decided July 22, 2020

Jesus Rojas-Ambriz v. William Barr

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 22 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JESUS ROJAS-AMBRIZ, AKA Jesus No. 17-72825 Ambriz Rojas, Agency No. A098-388-328 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 14, 2020** Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.

Jesus Rojas-Ambriz, a native and citizen of Mexico, 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

* 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). under 8 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.

In his opening brief, Rojas-Ambriz fails to challenge the agency’s dispositive determination that he failed to establish it is more likely than not he would be persecuted in Mexico. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). Thus, we deny the petition for review as to his withholding of removal claim.

Substantial evidence supports the agency’s denial of CAT relief because Rojas-Ambriz failed to show it is more likely than not he would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (applicant failed to show particularized threat of torture).

PETITION FOR REVIEW DENIED.

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