ROJAS AMBRIZ v. BARR (2020)

MEMORANDUM **

Jesus Rojas-Ambriz, 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. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We deny the petition for review.

In his opening brief, Rojas-Ambriz fails to challenge the agency's dispositive determination that he failed to establish it is more likely than not he would be persecuted in Mexico. 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 his withholding of removal claim.

Substantial evidence supports the agency's denial of CAT relief because Rojas-Ambriz failed to show it is more likely than not he would 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 Delgado-Ortiz v. Holder, 600 F.3d 1148, 1152 (9th Cir. 2010) (applicant failed to show particularized threat of torture).

PETITION FOR REVIEW DENIED.