FERNANDEZ LEDESMA v. BARR (2019)

MEMORANDUM **

Martin Fernandez-Ledesma, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for 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 agency’s determination that Fernandez-Ledesma failed to establish that any harm he experienced or fears in Mexico was or would be on account of a protected ground. See Molina-Morales v. INS, 237 F.3d 1048, 1052 (9th Cir. 2001) (harm based on personal retribution is not persecution on account of a protected ground). Thus, Fernandez-Ledesma’s withholding of removal claim fails.

In light of this disposition, we need not reach Fernandez-Ledesma’s remaining contentions regarding withholding of removal. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).

In his opening brief Fernandez-Ledesma does not raise any arguments, and therefore waives, any challenge to the agency’s denial of CAT relief. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived).

PETITION FOR REVIEW DENIED.