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Iris Torres Zepeda v. Merrick Garland
20-72797
9th Cir.
Nov 16, 2021
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*1 Before: CANBY, TASHIMA, and MILLER, Circuit Judges.

Iris Liliana Torres Zepeda and her two daughters, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ order dismissing their appeal from an immigration judge’s decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture *2 (“CAT”) . We have 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 their opening brief, petitioners do not raise, and therefore waive, any challenge to the agency’s dispositive determination that they failed to establish nexus to a protected ground. See Lopez-Vasquez v. Holder , 706 F.3d 1072, 1079- 1080 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). Thus, we deny the petition for review as to the petitioners’ asylum and withholding of removal claims.

S ubstantial evidence supports the agency’s denial of CAT relief because Torres Zepeda failed to show it is more likely than not she would be tortured by or with the consent or acquiescence of the government if returned to Mexico. See Aden v. Holder , 589 F.3d 1040, 1047 (9th Cir. 2009).

PETITION FOR REVIEW DENIED.

2 20-72797

[*] 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: Iris Torres Zepeda v. Merrick Garland
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Nov 16, 2021
Docket Number: 20-72797
Court Abbreviation: 9th Cir.
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