Jose Perez-Machic v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION DEC 02 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE PEREZ-MACHIC, No. 13-70469 Petitioner, Agency No. A201-240-189 v. MEMORANDUM* ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 18, 2014** Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges. Jose Perez-Machic, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his application for 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. We have 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), and we deny the petition for review. Perez-Machic does not raise any arguments in his opening brief regarding the agency’s determination that his asylum application was time-barred, or the agency’s denial of his CAT claim. 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 BIA’s determination that Perez-Machic failed to establish past persecution or that it is more likely than not he will be persecuted in the future on account of a protected ground. See Parussimova v. Mukasey, 555 F.3d 734, 740 (9th Cir. 2009) (the REAL ID Act “requires that a protected ground represent ‘one central reason’ for an asylum applicant’s persecution”); INS v. Elias-Zacarias, 502 U.S. 478, 483 (1992) (petitioner failed to establish a nexus to a protected ground). Thus, we deny the petition for review as to Perez-Machic’s withholding of removal claim. PETITION FOR REVIEW DENIED. 2 13-70469