CALDERON v. BARR (2020)

MEMORANDUM **

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

In his opening brief, Calderon does not challenge 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). Thus, we deny the petition for review as to Calderon’s CAT claim.

As to withholding of removal, Calderon does not challenge the agency’s finding that he failed to establish past persecution. See id. Substantial evidence supports the agency’s determination that Calderon failed to establish a clear probability of future persecution in Guatemala. See Tamang v. Holder, 598 F.3d 1083, 1094-95 (9th Cir. 2010) (fear of future persecution was not objectively reasonable). Thus, Calderon’s withholding of removal claim fails.

PETITION FOR REVIEW DENIED.