Diego Mejia-Duran v. Merrick Garland

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 25 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT DIEGO MEJIA-DURAN, No. 16-73019 Petitioner, Agency No. A206-883-753 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 17, 2022** Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges. Diego Mejia-Duran, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeal’s order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). Our * 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). jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir. 2020). We deny the petition for review. In Mejia-Duran’s opening brief, he does not raise, and therefore waives, any challenge to the agency’s dispositive conclusion that he failed to establish his proposed particular social group was cognizable. 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, Mejia-Duran’s asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT protection because Mejia-Duran failed to establish it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). The temporary stay of removal remains in place until the mandate issues. PETITION FOR REVIEW DENIED. 2 16-73019 16-73019 Court of Appeals for the Ninth Circuit ca9 9th Cir. Diego Mejia-Duran v. Merrick Garland 25 August 2022 Agency Unpublished 22f48abb3633cb8de8e9c977fe9d071db83d0d00

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