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Amaya v. Garland

United States Court of Appeals, Ninth Circuit
Dec 9, 2024
No. 23-2260 (9th Cir. Dec. 9, 2024)

Opinion

23-2260

12-09-2024

ANGELES AMAYA, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.


NOT FOR PUBLICATION

Submitted December 5, 2024[**] Pasadena, California

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A201-387-516

Before: GRABER, SANCHEZ, and H.A. THOMAS, Circuit Judges.

MEMORANDUM [*]

Angeles Amaya is a citizen of Mexico. She seeks review of a decision of the Board of Immigration Appeals and an immigration judge (collectively, "the Agency") denying her claims for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252 and deny the petition.

1. Amaya does not challenge on review either the Agency's denial of cancellation of removal or its determination that her asylum application was untimely. Nor does she substantially challenge the Agency's dispositive finding that she failed to establish a nexus to a protected ground and is thus not eligible for withholding of removal. She has thus forfeited any challenge to these issues. See Hernandez v. Garland, 47 F.4th 908, 916 (9th Cir. 2022) (holding that arguments that are not "coherently develop[ed]" are forfeited (citation and internal quotation marks omitted)).

2. Substantial evidence supports the Agency's conclusions that Amaya was never tortured in Mexico and that she faces neither a "particularized" nor a likely risk of torture if returned to Mexico. See Tzompantzi-Salazar v. Garland, 32 F.4th 696, 705-07 (9th Cir. 2022) (discussing a petitioner's burden of proof on this issue).

PETITION DENIED.

[*] 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).


Summaries of

Amaya v. Garland

United States Court of Appeals, Ninth Circuit
Dec 9, 2024
No. 23-2260 (9th Cir. Dec. 9, 2024)
Case details for

Amaya v. Garland

Case Details

Full title:ANGELES AMAYA, Petitioner, v. MERRICK B. GARLAND, Attorney General…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 9, 2024

Citations

No. 23-2260 (9th Cir. Dec. 9, 2024)