FILED
NOT FOR PUBLICATION NOV 22 2010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
ROGELIO TOMAS-ALONZO, No. 07-74808
Petitioner, Agency No. A98-175-280
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 16, 2010 **
Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.
Rogelio Tomas-Alonzo, 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 and
withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We
*
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).
review de novo questions of law, Cerezo v. Mukasey, 512 F.3d 1163, 1166 (9th
Cir. 2008), except to the extent that deference is owed to the BIA’s determination
of the governing statutes and regulations, Simeonov v. Ashcroft, 371 F.3d 532, 535
(9th Cir. 2004). We review factual findings for substantial evidence. Zehatye v.
Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for
review.
Tomas-Alonzo does not raise any substantive challenge to the BIA’s
determination that his asylum application is time-barred. Accordingly, we deny
the petition for review as to Tomas-Alonzo’s asylum claim. See Martinez-Serrano
v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues that are not addressed in the
argument portion of a brief are deemed waived).
Substantial evidence supports the agency’s determination that Tomas-
Alonzo did not demonstrate past persecution or a clear probability of future harm
on account of a protected ground. See INS v. Elias-Zacarias, 502 U.S. 478, 481-84
(1992). Accordingly, Tomas-Alonzo’s withholding claim fails.
PETITION FOR REVIEW DENIED.
2 07-74808