Gerardo Rivera-Valerino v. Jefferson Sessions, III ( 2018 )

Case: 17-60542 Document: 00514554367 Page: 1 Date Filed: 07/13/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-60542 FILED
Summary Calendar July 13, 2018
Lyle W. Cayce
Clerk
GERARDO RIVERA-VALERINO,
Petitioner
v.
JEFFERSON B. SESSIONS, III, U.S. ATTORNEY GENERAL,
Respondent
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A202 189 367
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Gerardo Rivera-Valerino, a native and citizen of Honduras, petitions for
review of a decision of the Board of Immigration Appeals (BIA) affirming the
denial of his applications for asylum, withholding of removal, and protection
under the Convention Against Torture (CAT).
The BIA found Rivera-Valerino ineligible for asylum or withholding of
removal because he failed to show that the Honduran government was unable
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-60542 Document: 00514554367 Page: 2 Date Filed: 07/13/2018
No. 17-60542
or unwilling to help him. See Shehu v. Gonzales, 443 F.3d 435, 438 (5th Cir.
2006); Adebisi v. INS, 952 F.2d 910, 914 (5th Cir. 1992). Rivera-Valerino
waived his challenge to this dispositive finding by failing to address it in his
brief, see Bouchikhi v. Holder, 676 F.3d 173, 179 (5th Cir. 2012), and, in any
event, substantial evidence supports the BIA’s determination, see Chen v. Gon-
zales, 470 F.3d 1131, 1134 (5th Cir. 2006). Similarly, substantial evidence sup-
ports the BIA’s conclusion on Rivera-Valerino’s CAT claim—that he neither
suffered past torture nor faced a likelihood that the Honduran government
would consent to or acquiesce in such treatment. See 8 C.F.R. § 1208.18(a);
Chen, 470 F.3d at 1141–42.
The petition for review is DENIED.
2