HERNANDEZ PARRA v. SESSIONS III (2018)

MEMORANDUM **

Crisanta Hernandez Parra and her granddaughter, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s decision denying their 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.

Substantial evidence supports the BIA’s determination that petitioners failed to establish a nexus between past or future harm and a protected ground, including membership in a particular social group. See Zetino v. Holder, 622 F.3d 1007, 1015-16 (9th Cir. 2010); see also Ayala v. Holder, 640 F.3d 1095, 1097 (9th Cir. 2011) (even if membership in a particular social group is established, an applicant must still show that “persecution was or will be on account of his membership in such group”) (emphasis in original). Thus, petitioners’ asylum and withholding of removal claims fail.

Although petitioners reference CAT relief in their statement of issues, they do not make any arguments challenging the agency’s denial of CAT relief. 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).

PETITION FOR REVIEW DENIED.