FILED
NOT FOR PUBLICATION JUN 17 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WALTER MIRA, a.k.a. Walter Ernesto No. 11-72897
Mira Garcia,
Agency No. A095-025-405
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Walter Mira, a native and citizen of El Salvador, 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 protection under the Convention Against Torture (“CAT”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.
2006). We deny the petition for review.
In his opening brief, Mira failed to raise any substantive challenge to either
the agency’s determination that his asylum claim was time-barred, or the agency’s
denial of his withholding of removal claim. See Martinez-Serrano v. INS, 94 F.3d
1256, 1259-60 (9th Cir. 1996) (issues not supported by argument are deemed
waived).
Finally, substantial evidence supports the agency’s denial of CAT relief
because Mira failed to establish it is more likely than not he would be tortured by
or with the acquiescence of the government if returned to El Salvador. See Silaya
v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008). Mira contends the agency erred
by failing to consider the two articles he submitted regarding gang-related violence
and other “human rights problems.” We reject this contention because Mira does
not point to any information in the articles relevant to his claim that he faces a
likelihood of torture with the consent or acquiescence of the Salvadorean
government. We also reject Mira’s contention that the BIA applied an incorrect
standard for government acquiescence.
PETITION FOR REVIEW DENIED.
2 11-72897