NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
NOE LOPEZ-LORENZO, AKA Noe No. 14-72499
Moreno Lopez-Lorenzo,
Agency No. A095-745-091
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 21, 2019**
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges.
Noe Lopez-Lorenzo, a native and citizen of Guatemala, petitions for review
of the Board of Immigration Appeals’ 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”). We have
*
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).
jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the
agency’s factual findings. Garcia-Milian v. Holder, 755 F.3d 1026, 1031 (9th Cir.
2014). We deny the petition for review.
In his opening brief, Lopez-Lorenzo fails to challenge the agency’s
determination that his asylum application was untimely. See Corro-Barragan v.
Holder, 718 F.3d 1174, 1177 n.5 (9th Cir. 2013) (failure to contest issue in opening
brief resulted in waiver). Thus, Lopez-Lorenzo’s asylum claim fails.
Lopez-Lorenzo does not challenge the agency’s finding that he failed to
establish past persecution. Substantial evidence supports the agency’s
determination that Lopez-Lorenzo failed to establish a clear probability of future
persecution. See Tamang v. Holder, 598 F.3d 1083, 1095 (9th Cir. 2010)
(evidence did not compel a finding of a clear probability of future persecution to
qualify for withholding of removal). Thus, Lopez-Lorenzo’s withholding of
removal claim fails.
Substantial evidence also supports the agency’s denial of CAT relief because
Lopez-Lorenzo failed to establish it is more likely than not he will be tortured by
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or with the consent or acquiescence of the government. See Aden v. Holder, 589
F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
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