Sergio Perez v. William Barr

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
SERGIO AROLDO PEREZ, No. 15-72907
Petitioner, Agency No. A095-747-654
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 3, 2020**
Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges.
Sergio Aroldo Perez, 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”). Our
jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence
*
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).
the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th
Cir. 2006). We deny in part and dismiss in part the petition for review.
In his opening brief, Perez does not challenge the agency’s determination
that his proposed social group of returnees with perceived wealth was not
cognizable. 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).
We lack jurisdiction to consider Perez’s contentions regarding a newly
proposed particular social group because they were not raised to the agency. See
Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004) (court lacks jurisdiction
to review claims not presented to the agency).
Substantial evidence supports the agency’s determination that Perez failed to
establish that his past experiences in Guatemala rose to the level of persecution.
See Baghdasaryan v. Holder, 592 F.3d 1018, 1023 (9th Cir. 2010) (an applicant
who alleges past persecution has the burden of proving that the treatment rises to
the level of persecution). Substantial evidence also supports the agency’s
determination that Perez failed to establish an objectively reasonable fear of future
persecution in Guatemala. See Nagoulko v. INS, 333 F.3d 1012, 1018 (9th Cir.
2003) (possibility of future persecution “too speculative”). Thus, Perez’s asylum
and withholding of removal claims fail.
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Finally, substantial evidence supports the agency’s denial of CAT relief
because Perez failed to show it is more likely than not he will be tortured by or
with the consent or acquiescence of the government if returned to Guatemala. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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