LOPEZ RUIZ v. BARR (2019)

MEMORANDUM **

Ramiro Sergio Lopez-Ruiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing Lopez-Ruiz’s appeal from an immigration judge’s (“IJ”) decision denying Lopez-Ruiz’s 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 de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th Cir. 2008), except to the extent that deference is owed to the BIA’s interpretation of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir. 2004). 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.

Lopez-Ruiz has waived any challenge to the agency’s dispositive determination that his asylum application was untimely. Martinez-Serrano v. INS, 94 F.3d 1256, 1259–60 (9th Cir. 1996). Thus, his asylum claim fails.

As to withholding of removal, substantial evidence supports the BIA’s determination that Lopez-Ruiz failed to establish a nexus between the harm he fears from his brother’s wife’s family and a protected ground. See Zayas–Marini v. INS, 785 F.2d 801, 806 (9th Cir. 1986) (death threats grounded only in “personal animosity” insufficient to qualify for withholding of removal). As Lopez-Ruiz does not challenge the BIA’s determination that his claimed social group of Mexicans returning from the United States is not cognizable, he has waived any argument based thereon. Martinez-Serrano, 94 F.3d at 1259–60. Thus, Lopez-Ruiz’s withholding of removal claim fails.

In his petition for review, Lopez-Ruiz also does not challenge the BIA’s determination that he failed to establish eligibility for CAT protection. Thus, he has waived the issue. Martinez-Serrano, 94 F.3d at 1259–60.

PETITION FOR REVIEW DENIED.