Edgar Jesus VARGAS-LEON, aka Edgar J. Vargas Leon, Petitioner, v. William P. BARR, Attorney General, Respondent.
Decided: March 09, 2020
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Alejandro Garcia, Attorney, Law Offices of Alejandro Garcia, Commerce, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Lance Lomond Jolley, Esquire, Trial Attorney, Anthony Cardozo Payne, Senior Litigation Counsel, DOJ - U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent
Edgar Jesus Vargas-Leon, 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 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.
In his opening brief, Vargas-Leon does not challenge the agency’s denial of his asylum and withholding of removal claims. 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). Thus, we deny the petition for review as to asylum and withholding of removal.
Substantial evidence supports the agency’s denial of CAT relief because Vargas-Leon failed to show it is more likely than not he will be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009); see also Wakkary v. Holder, 558 F.3d 1049, 1067-68 (9th Cir. 2009) (no likelihood of torture).
PETITION FOR REVIEW DENIED.
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