Wilfredo Peraza Otero v. William Barr

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 26 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT WILFREDO ANTONIO PERAZA OTERO, No. 18-73187 AKA Wilfredo Otero, Agency No. A095-009-950 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 18, 2019** Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges. Wilfredo Antonio Peraza Otero, a native and citizen of El Salvador, seeks review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence * 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). the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. Peraza Otero does not challenge the agency’s dispositive determinations that his past harm in El Salvador did not rise to the level of persecution and that he did not establish an objectively reasonable fear of future persecution. 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). Thus, Peraza Otero’s asylum claim fails. We do not consider Peraza Otero’s contentions regarding the cognizability of his proposed social group or internal relocation within El Salvador. See Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the court’s review is limited to the actual grounds relied upon by the BIA). Substantial evidence supports the agency’s denial of CAT relief because Peraza Otero 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 El Salvador. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009). PETITION FOR REVIEW DENIED. 2 18-73187 18-73187 Court of Appeals for the Ninth Circuit ca9 9th Cir. Wilfredo Peraza Otero v. William Barr 26 November 2019 Agency Unpublished 5c002bbc22e69128fac0be309120ef43581a9f64

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