730 Fed.Appx. 520 (9th Cir. 2018), 16-71120, Soto-Reynoso v. Sessions
|Citation:||730 Fed.Appx. 520|
|Party Name:||Jose SOTO-REYNOSO, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.|
|Attorney:||Zulu Ali, Law Office of Zulu Ali, Riverside, CA, for Petitioner Edward C. Durant, Attorney, Juria L. Jones, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Secu...|
|Judge Panel:||Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.|
|Case Date:||July 13, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Submitted July 10, 2018 [*]
Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.
Zulu Ali, Law Office of Zulu Ali, Riverside, CA, for Petitioner
Edward C. Durant, Attorney, Juria L. Jones, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. AXXX-XX6-094
Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Jose Soto-Reynoso, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order dismissing his appeal from an immigration judges 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 agencys factual findings. Zetino v. Holder, 622 F.3d 1007, 1012 (9th Cir. 2010). We deny the petition for review.
In his opening brief, Soto-Reynoso does not challenge the agencys conclusion that he failed to establish his proposed social group of "business owners," was cognizable. See Corro-Barragan v. Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening brief resulted in waiver). Substantial evidence supports the agencys conclusion that Soto-Reynoso failed to establish it is more likely than not that he will be persecuted in Mexico based on his familial ties. See
Hakeem v. INS, 273 F.3d 812, 816 (9th Cir. 2001) ("An applicants claim of persecution upon return
is weakened, even undercut, when...
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