Opinion
16-71561
03-25-2022
OSCAR GARCIA TORRES, AKA Edgar Garcia, Petitioner, v. MERRICK B. GARLAND, Attorney General, Respondent.
NOT FOR PUBLICATION
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. A206-408-920
Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Oscar Garcia Torres, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' 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.
In his counseled opening brief, Garcia Torres does not raise, and therefore waives, any challenge to the agency's determination that he was convicted of a particularly serious crime that barred him from eligibility for asylum and withholding of removal. 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, Garcia Torres's asylum and withholding of removal claims fail.
Substantial evidence supports the agency's denial of deferral of removal under CAT because Garcia Torres failed to show it is more likely than not he would be tortured if returned to Honduras. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative).
The stay of removal remains in place until issuance of the mandate.
PETITION FOR REVIEW DENIED.