NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 11 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE ISRAEL AGUILERA ALONZO, No. 20-73069 Petitioner, Agency No. A200-196-610 v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2022** Pasadena, California Before: FRIEDLAND and KOH, Circuit Judges, and KORMAN,*** District Judge. Jose Israel Aguilera Alonzo (“Petitioner”), a native and citizen of Honduras, seeks review of a decision of the Board of Immigration Appeals (“BIA”) affirming * 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 Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. the denial by an immigration judge (“IJ”) of Petitioner’s applications for withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction to review the BIA’s decision under 8 U.S.C. § 1252(b), and we deny the petition.1 The BIA affirmed the IJ’s determinations that Petitioner was not credible and that Petitioner did not provide sufficient documentary evidence to independently corroborate his claims. “We review factual findings, including adverse credibility determinations, for substantial evidence.” Garcia v. Holder, 749 F.3d 785, 789 (9th Cir. 2014). Petitioner has advanced no substantive argument that the BIA’s conclusions about Petitioner’s credibility or corroborating evidence were not supported by substantial evidence. Rather, Petitioner asserted in a single conclusory statement in his opening brief that “the IJ and BIA’s findings 1 Petitioner appears to argue in his opening brief that he is eligible for and entitled to asylum under 8 U.S.C. § 1158. Because Petitioner sought only withholding of removal and protection under CAT before the IJ, we interpret his arguments as to his eligibility for asylum as pertaining to his application for withholding of removal pursuant to 8 U.S.C. § 1231(b)(3). See Lanza v. Ashcroft, 389 F.3d 917, 933 (9th Cir. 2004) (“[C]ourts ‘consider the same factors to determine eligibility for both asylum and withholding,’ but withholding of removal requires ‘a higher probability of persecution.’” (quoting Castellano-Chacon v. INS, 341 F.3d 533, 545 (6th Cir. 2003))). To the extent that Petitioner seeks asylum under 8 U.S.C. § 1158, we lack jurisdiction to hear that claim because it was not exhausted before the agency. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004) (holding that “[8 U.S.C.] § 1252(d)(1) mandates exhaustion and therefore generally bars us, for lack of subject-matter jurisdiction, from reaching the merits of a legal claim not presented in administrative proceedings below”). 2 with respect to the Petitioner’s credibility were not based on substantial evidence.” “Issues raised in a brief that are not supported by argument are deemed abandoned.” Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir. 1996). We hold, therefore, that Petitioner …
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