730 Fed.Appx. 520 (9th Cir. 2018), 16-71120, Soto-Reynoso v. Sessions

Docket Nº:16-71120
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
 
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Page 520

730 Fed.Appx. 520 (9th Cir. 2018)

Jose SOTO-REYNOSO, Petitioner,

v.

Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 16-71120

United States Court of Appeals, Ninth Circuit

July 13, 2018

Submitted July 10, 2018 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1.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.

MEMORANDUM[**]

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 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. 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 agency’s 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 agency’s 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 applicant’s claim of persecution upon return

Page 521

is weakened, even undercut, when...

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