Javier Tueros-De Lama v. Eric Holder, Jr. , 578 F. App'x 743 ( 2014 )

FILED
NOT FOR PUBLICATION JUN 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAVIER ANGELO TUEROS-DE LAMA, No. 12-71990
Petitioner, Agency No. A096-566-125
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Javier Angelo Tueros-De Lama, a native and citizen of Peru, 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 protection under the Convention Against Torture (“CAT”). We have
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny
the petition for review.
Tueros-De Lama does not challenge the agency’s dispositive findings that he
is statutorily ineligible for asylum due to his aggravated felony conviction and
statutorily ineligible for withholding of removal based on the agency’s
determination that his conviction constitutes a particularly serious crime. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
specifically raised and argued in a party’s opening brief are waived); Bazuaye v.
INS, 79 F.3d 118, 120 (9th Cir. 1996) (per curiam) (declining to reach issue raised
for the first time in the reply brief). Thus, Tueros-De Lama’s asylum and
withholding of removal claims fail.
With respect to CAT relief, substantial evidence supports the agency’s
determination that Tueros-De Lama failed to establish it is more likely than not he
will be tortured if removed to Peru. See Silaya v. Mukasey, 524 F.3d 1066, 1073
(9th Cir. 2008).
PETITION FOR REVIEW DENIED.
2 12-71990