Angel Aguirre Linares v. Merrick Garland ( 2021 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANGEL ROLAND AGUIRRE LINARES, No. 20-72680
Petitioner, Agency No. A095-804-045
v.
MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 14, 2021**
Before: WALLACE, CLIFTON, and HURWITZ, Circuit Judges.
Angel Roland Aguirre Linares, a native and citizen of Guatemala, petitions
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s decision denying his application for asylum,
withholding of removal, and relief under the Convention Against Torture (“CAT”).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We have jurisdiction under 8 U.S.C. § 1252. We review factual findings for
substantial evidence. Conde Quevedo v. Barr, 947 F.3d 1238, 1241 (9th Cir.
2020). We deny the petition for review.
The record does not compel the conclusion that Aguirre Linares established
changed or extraordinary circumstances to excuse his untimely asylum application.
See 8 C.F.R. § 1208.4(a)(4), (5); see also Toj-Culpatan v. Holder, 612 F.3d 1088,
1091-92 (9th Cir. 2010). Thus, Aguirre Linares’s asylum claim fails.
In his opening brief, Aguirre Linares does not raise, and therefore waives,
any challenge to the BIA’s conclusion that he failed to establish a cognizable
particular social group. 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). Aguirre Linares also does not challenge the determination that he
failed to demonstrate that government officials would consent or acquiesce to the
torture he fears in Guatemala. See id. Thus, we deny the petition for review as to
Aguirre Linares’s withholding of removal and CAT claims.
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.
2 20-72680