NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 25 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR GARCIA TORRES, AKA Edgar No. 16-71561 Garcia, Agency No. A206-408-920 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 16, 2022** Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges. Oscar Garcia Torres, a native and citizen of Honduras, 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. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir. 2006). We deny the petition for review. In his counseled opening brief, Garcia Torres does not raise, and therefore waives, any challenge to the agency’s determination that he was convicted of a particularly serious crime that barred him from eligibility for asylum and withholding of removal. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are waived). Thus, Garcia Torres’s asylum and withholding of removal claims fail. Substantial evidence supports the agency’s denial of deferral of removal under CAT because Garcia Torres failed to show it is more likely than not he would be tortured if returned to Honduras. See Zheng v. Holder, 644 F.3d 829, 835-36 (9th Cir. 2011) (possibility of torture too speculative). The stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 16-71561 16-71561 Court of Appeals for the Ninth Circuit ca9 9th Cir. Oscar Garcia Torres v. Merrick Garland 25 March 2022 Agency Unpublished 1de15532578d02c7b9d9c5a0d4b4ba548414da83
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