FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JACINTO JUAN CARHUAZ No. 07-74048
RODRIGUEZ,
Agency No. A099-340-903
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN and N.R. SMITH, Circuit Judges.
Jacinto Juan Carhuaz Rodriguez, native and citizen of Peru, petitions for
review of a Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his application for asylum, withholding of
*
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).
removal, and relief under the Convention Against Torture (“CAT”). We have
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence factual
findings, INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992), and we deny the
petition for review.
Carhuaz does not raise any arguments in his opening brief regarding the
agency’s dispositive determination that his asylum claim was time-barred. See
Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not
supported by argument are deemed waived).
Substantial evidence supports the agency’s denial of withholding of removal
because Carhuaz failed to demonstrate that an imputed political opinion was a
central reason the Shining Path mistreated him in the past or would harm him in
the future. See Parussimova v. Mukasey, 555 F.3d 734, 740-41 (9th Cir. 2009)
(“The Real ID Act requires that a protected ground represent ‘one central reason’
for an asylum applicant’s persecution”); Elias-Zacarias, 502 U.S. at 483 (a
petitioner must “establish that the record . . . compels the conclusion he has a
‘well-founded fear’ that the guerillas will persecute him because of that political
opinion, rather than because of his refusal to fight with them”) (emphasis in
original).
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Substantial evidence also supports the agency’s denial of CAT relief because
Carhuaz has not established it is more likely than not he will be tortured by or with
the acquiescence of the Peruvian government. See Silaya v. Mukasey, 524 F.3d
1066, 1073 (9th Cir. 2008).
PETITION FOR REVIEW DENIED.
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