Opinion
No. 16-70256
05-21-2018
YOSHIO PAUL ESTRADA-DUQUE, AKA Yoshio Paul Estrada-Doque, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A088-751-018 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Yoshio Paul Estrada-Duque, a native and citizen of Mexico, petitions for 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 the agency's factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review.
Estrada-Duque does not challenge the agency's dispositive finding that his asylum application is time-barred, or raise any arguments challenging the agency's denial of his CAT claim. 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, we deny the petition as to Estrada-Duque's asylum and CAT claims.
Substantial evidence supports the agency's conclusion that Estrada-Duque failed to establish that he would be persecuted on account of a protected ground. See Ramirez-Munoz v. Lynch, 816 F.3d 1226, 1229 (9th Cir. 2016) ("imputed wealthy Americans" not cognizable as a particular social group); Delgado-Oritz v. Holder, 600 F.3d 1148, 1151-52 (9th Cir. 2010) ("returning Mexicans from the United States" not cognizable as a particular social group); Zetino v. Holder, 622 F.3d 1007, 1016 (9th Cir. 2010) (applicant's "desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to a protected ground"). Thus, Estrada-Duque's withholding of removal claim fails.
PETITION FOR REVIEW DENIED.