GARCIA VALDEZ v. BARR (2019)

MEMORANDUM **

Dulce Maria Garcia Valdez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s decision denying her 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. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

Substantial evidence supports the agency’s determination that the harm Garcia Valdez suffered in Mexico did not rise to the level of persecution. See Lim v. INS, 224 F.3d 929, 936 (9th Cir. 2000) (“Threats standing alone ․ constitute past persecution in only a small category of cases, and only when the threats are so menacing as to cause significant actual suffering or harm.” (quotation and citation omitted)). Substantial evidence also supports the agency’s determination that Garcia Valdez failed to establish an objectively reasonable fear of future persecution. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir. 2003) (possibility of future persecution “too speculative”). Thus, Garcia Valdez’s asylum claim fails.

In this case, because Garcia Valdez failed to establish eligibility for asylum, she failed to establish eligibility for withholding of removal. See Zehatye v. Gonzales, 453 F.3d 1182, 1190 (9th Cir. 2006).

In her opening brief, Garcia Valdez fails to challenge the agency’s denial of CAT relief; thus, it is waived. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver).

PETITION FOR REVIEW DENIED.