NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS NOV 26 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILFREDO ANTONIO PERAZA OTERO, No. 18-73187
AKA Wilfredo Otero,
Agency No. A095-009-950
Petitioner,
v. MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 18, 2019**
Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
Wilfredo Antonio Peraza Otero, a native and citizen of El Salvador, seeks
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 relief under the Convention Against Torture (“CAT”).
We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence
*
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).
the agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th
Cir. 2006). We deny the petition for review.
Peraza Otero does not challenge the agency’s dispositive determinations that
his past harm in El Salvador did not rise to the level of persecution and that he did
not establish an objectively reasonable fear of future persecution. See Martinez-
Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996) (issues not specifically
raised and argued in a party’s opening brief are waived). Thus, Peraza Otero’s
asylum claim fails.
We do not consider Peraza Otero’s contentions regarding the cognizability
of his proposed social group or internal relocation within El Salvador. See
Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir. 2010) (the court’s review is
limited to the actual grounds relied upon by the BIA).
Substantial evidence supports the agency’s denial of CAT relief because
Peraza Otero failed to show it is more likely than not he will be tortured by or with
the consent or acquiescence of the government if returned to El Salvador. See
Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).
PETITION FOR REVIEW DENIED.
2 18-73187