Fortunato De Paz v. Eric H. Holder Jr. , 476 F. App'x 157 ( 2012 )

FILED
NOT FOR PUBLICATION AUG 28 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FORTUNATO DE PAZ, No. 08-74636
Petitioner, Agency No. A072-538-381
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Fortunato De Paz, a native and citizen of El Salvador, petitions for review of
the Board of Immigration Appeals’ order dismissing his appeal from the
immigration judge’s (“IJ”) decision denying his application for asylum and
withholding of removal. We have jurisdiction under 8 U.S.C. § 1252. We review
*
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).
for substantial evidence the agency’s factual findings and review de novo its legal
conclusions. Santos-Lemus v. Mukasey, 542 F.3d 738, 742 (9th Cir. 2008). We
deny the petition for review.
De Paz challenges the agency’s determination that he abandoned his original
asylum application. We reject De Paz’s request to remand this case for further
proceedings regarding abandonment, because the agency reviewed the claims De
Paz included in his original application, treated De Paz’s second asylum
application as timely, and adjudicated the merits of these claims.
De Paz contends the IJ erred in its nexus determination because she failed to
consider “government conscription,” but De Paz does not challenge the IJ’s
additional dispositive finding that the threats De Paz experienced in El Salvador
did not rise to the level of persecution. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed
abandoned). Further, because De Paz testified he feared returning to El Salvador
due to a lack of security, and due to gangs and thieves, the agency did not err in its
analysis of De Paz’s fear of future persecution. Accordingly, we deny the petition
as to De Paz’s asylum and withholding of removal claims.
PETITION FOR REVIEW DENIED.
08-74636