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Herrera-Cuyuch v. Bondi
24-7742
9th Cir.
Jun 3, 2025
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*1 Before: SILVERMAN, LEE, and VANDYKE, Circuit Judges.

Lidia Maria Herrera-Cuyuch and her minor son, natives and citizens of Guatemala, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ’s”) decision denying their applications for asylum, withholding of removal, and *2 protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency’s factual findings. Arrey v. Barr , 916 F.3d 1149, 1157 (9th Cir. 2019). We deny the petition for review.

Petitioners do not challenge the BIA’s conclusion that they waived review of the IJ’s dispositive past persecution and likelihood of future persecution determinations. See Lopez-Vasquez v. Holder , 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not raised in the opening brief are forfeited).

Thus, petitioners’ asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of CAT protection because petitioners failed to show it is more likely than not they will be tortured by or with the consent or acquiescence of the government if returned to Guatemala. See Aden v. Holder , 589 F.3d 1040, 1047 (9th Cir. 2009).

The temporary stay of removal remains in place until the mandate issues.

The motion to stay removal is otherwise denied.

PETITION FOR REVIEW DENIED.

2 24-7742

[*] 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).

Case Details

Case Name: Herrera-Cuyuch v. Bondi
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jun 3, 2025
Docket Number: 24-7742
Court Abbreviation: 9th Cir.
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