Jaime Gutierrez-Delreal v. Eric Holder, Jr. , 584 F. App'x 894 ( 2014 )


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  •                                                                             FILED
    NOT FOR PUBLICATION                            OCT 2 2014
    MOLLY C. DWYER, CLERK
    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    JAIME GUTIERREZ-DELREAL, a.k.a.                    No. 12-71698
    Jaime Gutierrez, a.k.a. Jaime Delreal,
    Agency No. A088-737-018
    Petitioner,
    v.                                               MEMORANDUM*
    ERIC H. HOLDER, Jr., Attorney General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted September 23, 2014**
    Before:        W. FLETCHER, RAWLINSON, and CHRISTEN, Circuit Judges.
    Jaime Gutierrez-Delreal, 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 claim for humanitarian asylum,
    withholding of removal, and protection under the Convention Against Torture
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by 9th Cir. R. 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    (“CAT”). We have jurisdiction under 
    8 U.S.C. § 1252
    . We review for substantial
    evidence the agency’s factual findings. Ayala v. Holder, 
    640 F.3d 1095
    , 1097 (9th
    Cir. 2011) (per curiam). We deny the petition for review.
    Gutierrez-Delreal does not challenge the agency’s determination that his
    application for asylum was time-barred. 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 Gutierrez-
    Delreal’s asylum claim.
    Further, Gutierrez-Delreal has not challenged the agency’s determination
    that he failed to establish that a protected ground was or would be at least one
    central reason for the harm he fears. See 
    id.
     Because the BIA’s nexus
    determination is dispositive of Gutierrez-Delreal’s humanitarian asylum and
    withholding of removal claims, we deny the petition as to these claims.
    Finally, substantial evidence supports the denial of CAT relief because
    Gutierrez-Delreal failed to establish that it is more likely than not he will be
    tortured by or with the consent or acquiescence of the government of Mexico if he
    is returned. See Zheng v. Holder, 
    644 F.3d 829
    , 835-36 (9th Cir. 2011).
    PETITION FOR REVIEW DENIED.
    2                                       12-71698
    

Document Info

Docket Number: 12-71698

Citation Numbers: 584 F. App'x 894

Filed Date: 10/2/2014

Precedential Status: Non-Precedential

Modified Date: 1/13/2023